A3 Refereed book chapter or chapter in a compilation book

Rape law and coercive circumstances




AuthorsHelena Jokila, Johanna Niemi

EditorsMarie Bruvik Heinskou, May-Len Skilbrei, Kari Stefansen

Publishing placeOxon

Publication year2020

Book title Rape in the Nordic Countries: Continuity and Change

Series titleRoutledge Research in Gender and Society

Number in series84

First page 120

Last page136

Number of pages16

ISBN978-1-138-60651-7

eISBN978-0-429-46760-8

DOIhttps://doi.org/10.4324/9780429467608

Web address https://www.taylorfrancis.com/books/e/9780429467608

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/42574140


Abstract

The essential element of rape may be defined in two ways: either as a lack of consent or as a use of force and threat. Legal-policy discussions and feminist legal scholars have debated the strengths and weaknesses of both legislative strategies. In this chapter, we argue that, notwithstanding the choice between lack of consent and use of force, legislation must be completed with explanations about what is understood to be coercion, threat and non-consent. Using narratives from Finnish courts, we also argue that both lack of consent and use of force are insufficient legal responses to intimate partner rape connected to domestic violence and acquaintance rape, in particular among youth. Thus, we argue that rape law should be broadened to encompass acts committed under coercive conditions and should include an adequate explanation of what these conditions might be.


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Last updated on 2024-26-11 at 18:38