From Inquest:
Mainstream feminist thought about the ideal response to sexual violence suggests that more punishment, more generously distributed, is the best route to justice. This position—sometimes known as “carceral feminism”—has been heavily influenced by the desire of second-wave and radical feminists to reconstruct the state so that it protects women and children from the scourge of the patriarchy, and from rape as its corollary and its weapon.
The position has had numerous victories in England and Wales, as well as elsewhere in the Global North. These legal successes include expanding the definition of rape so that it includes (for example) marital rape and date rapes and introducing new offenses like the sexual grooming of children. Significant effort has also been expended on altering procedures in criminal trials, for instance, by tightly restricting the admissibility of sexual history evidence, removing the requirement for judges to warn juries against convicting on the basis of a woman’s uncorroborated evidence, and securing anonymity for complainants.
In part, these changes resulted from the recognition that trials can be extremely painful and invasive for victims, as is reflected in the widespread use of terms like “second rape,” “judicial rape,” and “secondary victimization” to describe how the process is experienced. These changes were also intended to alter judicial outcomes by making it more likely that victims would report their experiences and stay involved in the legal process, and that convictions would be secured. Feminist campaigners have also fought to ensure that sexual offending is met by tougher punishments, both in order to persuade victims to follow through with prosecutions and in order to send a message about the cruelty of the crime. Continue reading >>>
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