It is commonly agreed on that the use of physical force to make someone have sex with you is a clear instance of rape. However, can someone be raped without the use of physical violence? Conly’s approach to rape removes the traditional idea of force playing a key role in constituting rape, but instead focusses on what drove that person to allow sex to happen, despite there being no presence of violence and not wanting to have sex (Conly, 2004, p. 98). Igor Primoratz’s definition of sexual harassment is when person A uses threatening behaviour to Person B to get Person B to have sex with Person A. Primoratz’s definition of sexual harassment is what Conly considers rape, only if certain conditions are met. (Law, 2015, p. 137). I will outline Conly’s approach to rape, and highlight its weakness based on Conly’s first condition for coercion and how Conly’s argument can be strengthened by adjusting the first condition for coercion so that it acknowledges the public sphere’s effects on understanding rape.
Conly argues that verbal coercion can be used as a …show more content…
137). However, Conly fails to highlight the importance as to why all the conditions for coercion are necessary. For example, the condition for intention is not a necessary condition for constituting rape. Instead the conditions for coercion could be expanded to include the consequences of the public-sphere. This is because the nature of understanding rape is a product of “a male-dominated culture” (Cahill, 2001, p. 24). The “political, social, and economic structures” (Cahill, 2001, p. 25) place females within society below that of males, and being reduced to an economic value (Cahill, 2001, p. 25). This weakness calls into questions Conly’s understanding of rape. Thus, Conly’s approach to rape can be strengthened by including within it the effect that society has on understanding
Conly argues that verbal coercion can be used as a …show more content…
137). However, Conly fails to highlight the importance as to why all the conditions for coercion are necessary. For example, the condition for intention is not a necessary condition for constituting rape. Instead the conditions for coercion could be expanded to include the consequences of the public-sphere. This is because the nature of understanding rape is a product of “a male-dominated culture” (Cahill, 2001, p. 24). The “political, social, and economic structures” (Cahill, 2001, p. 25) place females within society below that of males, and being reduced to an economic value (Cahill, 2001, p. 25). This weakness calls into questions Conly’s understanding of rape. Thus, Conly’s approach to rape can be strengthened by including within it the effect that society has on understanding