Rape law and coercive circumstances




Helena Jokila, Johanna Niemi

Marie Bruvik Heinskou, May-Len Skilbrei, Kari Stefansen

Oxon

2020

Rape in the Nordic Countries: Continuity and Change

Routledge Research in Gender and Society

84

120

136

16

978-1-138-60651-7

978-0-429-46760-8

DOIhttps://doi.org/10.4324/9780429467608

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

https://research.utu.fi/converis/portal/detail/Publication/42574140



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.


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