Jump to ContentJump to Main Navigation
Offences and DefencesSelected Essays in the Philosophy of Criminal Law$
Users without a subscription are not able to see the full content.

John Gardner

Print publication date: 2007

Print ISBN-13: 9780199239351

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199239351.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 March 2020

The Wrongness of Rape

The Wrongness of Rape

(p.1) 1 The Wrongness of Rape
Offences and Defences

John Gardner

Oxford University Press

This chapter considers why rape is a moral and legal wrong. It confronts and rejects the suggestion that rape is wrong because of the bad experience of being raped. It also confronts and rejects the suggestion that rape is wrong because it infringes the ownership rights of the raped person over her own body. The failure of these accounts are used to develop and defend the view that rape is wrong as the sheer use of another human being, as a denial of the status of subject and its substitution with the status of object. A two-stage view is developed according to which rape shares its objectifying aspect with prostitution, pornographic depiction, etc., but differs from these other activities in the way in which it relates to the rights of the person who is objectified. Some of the implications of this view for the law are explored at the end of the chapter.

Keywords:   criminal law, harm, self-ownership, objectification

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .