Feminism, Rape and the Search for Justice

McGlynn, C

Abstract

Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional criminal justice system to secure these aims. While important reforms have been made, justice continues to elude many victims. Many feel re-victimized by a system which marginalizes their interests and denies them a voice. Restorative justice offers the potential to secure justice for rape victims, but feminist resistance has resulted in few programmes tackling such crimes. In After the Crime, Susan Miller evidences the positive outcomes of a restorative justice programme tackling serious offences including rape and recommends their development. However, her vision is ultimately limited by her recommendation of only post-conviction restorative processes and the implicit endorsement of the conventional criminal justice system. I argue that feminist strategy and activism must rethink its approach to what constitutes justice for rape victims, going beyond punitive state outcomes to encompass broader notions of justice, including an expansive approach to restorative justice.

Citation

McGlynn, C. (2011). Feminism, Rape and the Search for Justice. Oxford Journal of Legal Studies, 31(4), 825-842. https://doi.org/10.1093/ojls/gqr025

• Journal Article Type: Article
• Publication Date: 2011-10
• Deposit Date: Sep 21, 2011
• Publicly Available Date: Oct 12, 2013
• Journal: Oxford Journal of Legal Studies
• Print ISSN: 0143-6503
• Electronic ISSN: 1464-3820
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 31
• Issue: 4
• Pages: 825-842
• DOI: https://doi.org/10.1093/ojls/gqr025
• Keywords: Feminism, Rape, Restorative justice.
• Public URL: https://durham-repository.worktribe.com/output/1536833