Rape Modified: What Does Catharine MacKinnon’s ‘Rape Redefined’ Proposal Mean for English Law?
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Joy Swan Wee, 21, from Singapore.
Existing English and Welsh rape laws are plainly inadequate in achieving justice for those who have suffered sexual abuse. There is an evident need for substantial reform of rape law, which is currently informed by the heterosexist paradigm of sexual activity, predicated on harmful rape myths and gender norms.
It is hoped that rape law reforms in future will move away from enforcing these norms and instead reflect the wider, undistorted reality of diverse sexual interactions. This is crucial in achieving justice for those currently marginalised by the law, in that they are not recognised as having suffered the crime of ‘rape’. Exclusionary biological requirements do not serve the feminist cause; inclusion is key to furthering feminism and creating equality in the criminal law of sexual offences.
However, disappointingly, it appears that lawmakers have no interest in reforming English rape law despite its many glaring inadequacies. Such apathy in the face of evidence that current laws fail victims of sexual abuse, though unacceptable, unfortunately seems likely to continue.
- Joy Wee, Author
Introduction
Rape law today is a grim state of affairs in need of significant and meaningful change. This is more so than ever, in light of the prevalence of rape culture, exposed in part by the influential #MeToo movement. Yet it would seem that such change is not coming: as reports of rape have doubled in recent years, rates of prosecution have fallen. There is widespread acknowledgement that the legal system has undoubtedly failed – and continues to fail – rape victims. What needs to change, and why?
