Dressler, pp. 357-359: Susan
Estrich—Rape
This
is a real lefty, liberal, pinko article.
COMMIES! No, seriously, this is
pretty strident. Maybe it’s right, maybe
it’s wrong, but you can’t say it’s not controversial.
The
law is sexist! It discriminates against
women. “Boys’ rules” are applied to “boys’
fights”. Male standards are used to
judge both men and women. Estrich
suggests that women should be held to a different standard of conduct.
Notes
and Questions
1. I think the
Scottsboro example makes a great case that the offense of rape is a
double-edged sword, and it can be used as an exercise of power by either
the (actual) perpetrator or the (alleged) victim.
2. What is
rape? Can we get rape by adding up other
torts or crimes? If not, what’s
missing? Is rape battery plus intentional
infliction of mental distress? Or is
there something more?
Do rape laws protect women’s sexual autonomy?
Or do they “construct” a social order that keeps men in a superior
position? Is all heterosexual sex
rape?