Blaming the victim : patriarchal anthropology and the legal culpability of female rape victims

Abstract

Discussions of rape inevitability tum to the actions of the victim. This thesis documents some of the ways that American law tends to blame rape victims for the crimes against them, rather than blame the perpetrators of rape. This study contends that such an anti-victim reaction arises because patriarchal anthropology, the philosophy of living which grows out of patriarchal theology, proclaims that women are not only sinful but the very cause of sin.

The central focus of this thesis is American case law pertaining to rape, critiqued through the lens of patriarchal anthropology. The cultural bias against the victim extends into the heart of the American legal system. This study seeks to demonstrate that patriarchal anthropology and the normalization of rape culture has created a justice system in which blaming the victim is acceptable, and in which the state of mind, previous actions, or appearance of the victim are inappropriately considered when deciding the innocence or guilt of an alleged rapist.

Notes

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Thesis Completion

2007

Semester

Fall

Advisor

Fine, Terri S.

Degree

Bachelor of Arts (B.A.)

College

College of Arts and Humanities

Degree Program

Interdisciplinary Studies

Subjects

Arts and Humanities -- Dissertations, Academic;Dissertations, Academic -- Arts and Humanities

Format

Print

Identifier

DP0022172

Language

English

Access Status

Open Access

Length of Campus-only Access

None

Document Type

Honors in the Major Thesis

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