Gender hostility article FINAL 2.pdf (804.17 kB)
Gender ‘hostility’, rape, and the hate crime paradigm
journal contribution
posted on 2023-06-08, 16:48 authored by Mark WaltersMark Walters, Jessica TumathThis article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels (both conceptual and evidential) between gender-motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate-motivation of many sexual violence offenders, the criminal justice system can begin to move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes.
History
Publication status
- Published
File Version
- Accepted version
Journal
Modern Law ReviewISSN
0026-7961Publisher
WileyExternal DOI
Issue
4Volume
77Page range
563-596Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2014-03-02First Open Access (FOA) Date
2018-02-15First Compliant Deposit (FCD) Date
2014-07-29Usage metrics
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