#MeToo? Legal Discourse and Everyday Responses to Sexual Violence

Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recogni...

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Main Authors: Alison Gash, Ryan Harding
Format: Article
Language:English
Published: MDPI AG 2018-05-01
Series:Laws
Subjects:
Online Access:http://www.mdpi.com/2075-471X/7/2/21
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author Alison Gash
Ryan Harding
author_facet Alison Gash
Ryan Harding
author_sort Alison Gash
collection DOAJ
description Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.
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spelling doaj.art-699c39a9c6c34a3eba1e1944b2fbf1f82022-12-22T03:19:10ZengMDPI AGLaws2075-471X2018-05-01722110.3390/laws7020021laws7020021#MeToo? Legal Discourse and Everyday Responses to Sexual ViolenceAlison Gash0Ryan Harding1Department of Political Science, University of Oregon, Eugene, OR 97403, USADepartment of Political Science, University of Oregon, Eugene, OR 97403, USALegal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.http://www.mdpi.com/2075-471X/7/2/21legalityrapesexual assaultsexual violence#MeToolawlegal consciousnessconsciousness-raising
spellingShingle Alison Gash
Ryan Harding
#MeToo? Legal Discourse and Everyday Responses to Sexual Violence
Laws
legality
rape
sexual assault
sexual violence
#MeToo
law
legal consciousness
consciousness-raising
title #MeToo? Legal Discourse and Everyday Responses to Sexual Violence
title_full #MeToo? Legal Discourse and Everyday Responses to Sexual Violence
title_fullStr #MeToo? Legal Discourse and Everyday Responses to Sexual Violence
title_full_unstemmed #MeToo? Legal Discourse and Everyday Responses to Sexual Violence
title_short #MeToo? Legal Discourse and Everyday Responses to Sexual Violence
title_sort metoo legal discourse and everyday responses to sexual violence
topic legality
rape
sexual assault
sexual violence
#MeToo
law
legal consciousness
consciousness-raising
url http://www.mdpi.com/2075-471X/7/2/21
work_keys_str_mv AT alisongash metoolegaldiscourseandeverydayresponsestosexualviolence
AT ryanharding metoolegaldiscourseandeverydayresponsestosexualviolence