Bibliography-Dohertyk9

1. Lazar, R. (n.d.). Project MUSE – Negotiating Sex: The Legal Construct of Consent in Cases of Wife Rape in Ontario, Canada. Retrieved from http://muse.jhu.edu/article/409073

Background: This article explores the way that cases of wife/partner rape are viewed and handled by the criminal justice system. The author seeks to show the extent to which “societal and cultural beliefs about sexuality, intimate relationships and marriage, and rape myths,” are reflected in how actors in the criminal justice system determine cases. She examines this by conducting a study of “fifteen defence counsel and seventeen Crown attorneys,” from different cities in Ontario, who (other than one) have dealt with numerous cases of sexual assault.

How I used it: This article informed me as to how difficult it is for judges to determine consent, particularly in cases of wife/partner rape. The terminology used in such cases is very different from that used in cases of violent rape and cases of stranger rape. The people interviewed in this article tended to identify with the rapist and worried about their own sexual relationships, rather than considering the victim’s point of view. It contributed to my understanding that societal views and personal views sometimes affect the criminal justice system’s ruling on rape cases, and also affect what terminology is used in these cases. This added to my argument that the terminology affects what is counted in the statistics and creates a huge disparity in statistics. 

2. Ehrlich, S. (2016, July 26). The Discursive Reconstruction of Sexual Consent – Susan Ehrlich, 1998. Retrieved from http://journals.sagepub.com/doi/abs/10.1177/0957926598009002002

Background: This paper evaluates the ideologies that frame court proceedings in a sexual assault trial. It states that although the court has updated its perception of rape from the victim needing to actively resist in order for it to be rape, the standard of communication required for it to be rape is similarly constructed. In the trial that the writer examines, the defendant argues that the level of communication between himself and the women was insufficient for non-consent to be determined.

How I used it: This paper contributed to my understanding that before the definition of rape was updated to its current one, actors in the criminal justice system had difficulty determining whether or not miscommunication about consent could discredit charges for rape. The views of the courtroom were mostly reflective of the CJ actors’ interests in not restricting their own sexual relationships.

3. Travis, C. B., & White, J. W. (2000). Re-examining the issue of nonconsent in acquaintance rape. In Sexuality, society, and feminism (pp. 355 – 376). Washington, DC: American Psychological Assoc.

Background: This chapter examines consent as a social construct. It explains in detail the effect of cultural attitudes, cultural metaphors, societal myths, sexual scripts, and the legal system on the definition of consent and rape.

How I used it: This chapter contributed to my knowledge about what informs the definition of rape, which helped me to understand why so many different definitions for rape exist.

4. Travis, C. B., White, J. W., & American Psychological Association. (2000). Understanding the Unacknowledged Rape Victim. In Sexuality, society, and feminism (pp. 377 – 403). Washington, DC: American Psychological Assoc.

Background: This chapter seeks to explain how some victims of rape do not consider themselves to be rape victims even though they experienced what would legally be considered rape. It argues that personalities, sexual attitudes and experience, affective reactions, reactions of peers, use of alcohol or drugs, and counterfactual thinking affect whether or not a victim will consider himself/herself to be a victim.

How I used it: This chapter informed me as to the factors that influence a person’s perception of his/her own sexual experiences. It identifies the problem that no one’s numbers can be trusted due to confusion even by victims as to what constitutes rape.

5. Jordan, S. (2017, February 27). Rape culture is normalized across college campuses. Retrieved from http://www.statepress.com/article/2017/02/spopinion-rape-culture-is-normalized-on-campuses

Background:  This article argues that college students are desensitized to rape and therefore perpetuate rape culture. It states that “rape is about power, control and dominance.” It also cites that 1.2 percent of male students and 3.1 percent of female students at ASU have reported attempted or completed sexual assault.

How I used it: This article served only to inform me of potential societal responses to the concept of sexual assault and how some feminists may define it. The article makes bold claims that either have little to no basis in fact or that the author has not even attempted to prove.  

6. Carter, N. M. (2012). Intimacy without Consent: Lynching as Sexual Violence. Politics & Gender, 8(03), 414-421. doi:10.1017/s1743923x12000402

Background: This scholarly journal seeks to show that lynching has a tendency to involve not only violence, but also sexual violation of the victim, regardless of the victim’s gender. In addition, the race of the victim plays a large role; if the victim is black and male, the case is treated very differently than if the victim is white and male.

How I used it: This journal helped to prove that the definition of rape changes in different contexts; here, because the victim was a black male, something that by law would obviously be considered rape became a question.

7. Kelly, O. (2015). Party Rape, Nonconsensual Sex, and Affirmative Consent Policies. Americana : The Journal of American Popular Culture, 1900 to Present; Hollywood, 14(2). 

Background: This article delves into the prevalence of rape on college campuses. It explains the mindset of perpetrators and how often victims are discredited. It also describes how frequently victims of sexual assault are asked what they were wearing at the time of the assault, as well as the percentage of males that misinterpret the meaning of rape.

How I used it: The statistics involving how many males understood rape to be different from forcing a woman to have sex helped explain to me the power of terminology and the reason that many institutions change the words from rape to “sexual assault” or “sexual violence.” This furthered my understanding as to why different institutions will adopt differing definitions of rape and will utilize different terminology. It also pointed me to another valuable source.

8. Burgess, A. W. (1985). Rape and sexual assault: A research handbook. New York, NY: Garland Pub. 

Background: This book explores rape victims, their families’ responses and legal responses to the rape, the aggressors, and the mass media’s response to rape.

How I used it: This book largely contributed to my understanding of rape as it relates to everyone involved. It also provided useful statistics as to college-age men’s understanding of rape.

9. Burgess, A. W. (1988). Rape and sexual assault II. New York, NY: Garland Pub. 

Background: This book explores sexual victimization in colleges, factors involved in rape of prostitutes, self-blame of rape victims, sexual attitudes toward rape, and more.

How I used it: This book examined rape myths and sexually aggressive attitudes of college males. These determined how the college males defined rape, furthering my understanding that the definition of rape varies from institution to institution and person to person.

10. Ali, K. (2017). Concubinage and Consent. International Journal of Middle East Studies, 49(01), 148-152. doi:10.1017/s0020743816001203

Background: The text explains that wives and slaves in Islamic history had very different rights, even though slaves could be married off without their consent. Slaves could be treated far worse than wives and it would be perfectly permissible. However, their husbands needed to treat them better than their owners did.

How I used it: This text served only to contribute to my understanding of differences in definitions of rape.

11. De la Ossa, A. C. (2016). ‘Talk, listen, think’: Discourses of agency and unintentional violence in consent guidance for gay, bisexual and trans men. Discourse & Society, 27(4), 365-382. doi:10.1177/0957926516634549

Background: This article explains the focus on men in the explanations of sexual assault and consent made by Galop. It helps to put into words the traumatic experiences people in the LGBT community have.

How I used it: This article proves that there is always a neglected race, gender or sexual orientation when it comes to defining rape and consent. Because one type of person is always left out, the definition of consent always falls short of its intended meaning. In this way, the definition of consent is not universal and results in disagreeing definitions of consent, which greatly contributed to my understanding of my argument.

12. Young, H. (2010). R. v. A. (J.) and the Risks of Advance Consent to Unconscious Sex. Canadian Criminal Law Review, 14(3), 273-306.

Background: This article describes the risk of agreeing to sex before one of the partners becomes unconscious. It explains that any misunderstandings in the advance consent or mistreatment of the partner during the unconscious sex could result in rape and therefore unconscious sex should be automatically considered rape.

How I used it: This contributed to my understanding that even those who consent to sex can switch to nonconsent in a number of situations. This helped formulate my argument that rape is hard to define, which results in an array of differing definitions.

13. An Updated Definition of Rape. (n.d.). Retrieved from https://www.justice.gov/archives/opa/blog/updated-definition-rape

Background: This archive explains the FBI’s updated definition of rape compared to its older definition.

How I used it: This source contributed to my understanding of the differences in definitions between the FBI and other institutions.

14. Bureau of Justice Statistics (BJS) – Rape and Sexual Assault. (n.d.). Retrieved from https://www.bjs.gov/index.cfm?ty=tp&tid=317

Background: This source details the Bureau of Justice Statistics’ definition of rape and sexual assault.

How I used it: I used this source to compare its definition of rape to that of the FBI and other institutions.

15. Definitions|Sexual Violence|Violence Prevention|Injury Center|CDC. (2018, April 10). Retrieved from https://www.cdc.gov/violenceprevention/sexualviolence/definitions.html

Background: This source details the CDC’s definition of sexual violence.

How I used it: I used this source to compare its definition to that of the FBI and other institutions.

16. Eichelberger, E. (2017, June 25). Men Defining Rape: A History. Retrieved from https://www.motherjones.com/politics/2012/08/men-defining-rape-history/

Background: This source explains the history of the definition of rape as defined by men.

How I used it: I used this article to explain how society has struggled with the definition of rape over time.

17. Bekiempis, V. (2015, January 9). When Campus Rapists Don’t Think They’re Rapists. Retrieved from http://www.newsweek.com/campus-rapists-and-semantics-297463

Background: This article discusses the way that terminology affects how a perpetrator will report intentions for sexual violence or how a victim of sexual violence will report an incident. It examines the oddity that men will agree with sexually violent or coercive behaviors but will deny rape.

How I used it: This article led me to scholarly sources that more effectively contributed to my argument.

18. Branch, J. (2018, April 12). Another Former N.F.L. Cheerleader Files a Complaint. Retrieved from https://www.nytimes.com/2018/04/12/sports/football/nfl-cheerleaders.html

Background: This article details the claims made by Kristan Ware, a former NFL cheerleader, of sexual harassment within the NFL.

How I used it: This article helped to provide a real world situation in which my argument applied.

19. The Enliven Project – Sarah Beaulieu. (n.d.). Retrieved from http://sarahbeaulieu.me/the-enliven-project

Background: This website provided a graphic detailing rape statistics.

How I used it: This graphic was useful in analyzing the inaccuracy of rape statistics.

20. Marcotte, A. (2013, January 8). This Rape Infographic Is Going Viral. Too Bad It’s Wrong. Retrieved from http://www.slate.com/blogs/xx_factor/2013/01/08/the_enliven_project_s_false_rape_accusations_infographic_great_intentions.html_infographic_great_intentions.html

Background: This article analyzes the flaws in an infographic displaying rape data.

How I used it: I used this to contribute to my argument that rape statistics cannot be trusted, especially if different sources are combined to draw conclusions.

21. Matthews, D. (2013, January 7). The saddest graph you’ll see today. Retrieved from https://www.washingtonpost.com/news/wonk/wp/2013/01/07/the-saddest-graph-youll-see-today/?noredirect=on&utm_term=.88a8618f65b1

Background: This article analyzes an infographic to state how rare false rape accusations are. It admits that the infographic is misleading, according to a more recent analysis by Amanda Marcotte.

How I used it: This source was used in an analysis by Amanda Marcotte, that I used in my paper.

22. Tolentino, J. (2017, June 14). Bill Cosby’s Defense and Its Twisted Argument About Consent. Retrieved from https://www.newyorker.com/culture/jia-tolentino/bill-cosbys-defense-and-its-twisted-argument-about-consent

Background: This is an article detailing the defense that Bill Cosby is using to deny rape charges brought against him.

How I used it: I used this as a real world example of why imprecise language to describe rape is harmful.

23. The Latest: Cosby jury ends Day 1 without a verdict. (2018, April 25). Retrieved from https://abcnews.go.com/Entertainment/wireStory/latest-cosby-courthouse-jury-start-deliberations-54717264

Background: This article details the ongoing retrial of Bill Cosby in regards to his alleged sexual assault of Andrea Constand.

How I used it: The article states that the judge was asked for the legal definition of consent but was unable to answer. This contributes to my point that no one has an answer.

24. NCVS 1 [survey]. (n.d.). Retrieved from https://www.bjs.gov/content/pub/pdf/ncvs104.pdf

Background: This is a survey conducted by the BJS seeking to gather statistics about unreported victimizations.

How I used it: I used this survey to explain how definitions vary simply based on wording.

25. New DOJ Data On Sexual Assaults: Students Are Less Likely To Be Raped. (2014, December 11). Retrieved from http://thefederalist.com/2014/12/11/new-doj-data-on-sexual-assaults-college-students-are-actually-less-likely-to-be-victimized/

Background: This article reports data found in a new study by the Department of Justice regarding whether students or non-students are more likely to be victimized.  

How I used it: I used this article to question the accuracy of its claim that non-students are more likely to be raped than students.

26. Rape statistics. (2018, April 3). Retrieved from https://en.wikipedia.org/wiki/Rape_statistics#United_States

Background: This is an article by Wikipedia detailing rape statistics from around the world.

How I used it: This source pointed me to a number of other valuable sources of information and also contributed to my understanding of the disparity in rape statistics.

27. NISVS Summary Reports|National Intimate Partner and Sexual Violence Survey|Funded Programs|Violence Prevention|Injury Center|CDC. (2017, September 25). Retrieved from https://www.cdc.gov/violenceprevention/nisvs/summaryreports.html

Background: This is a state report summarizing rape data gathered from a survey conducted by the CDC.

How I used it: I used this to explain what percentage of women are raped according to the CDC.

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