| 000 -LEADER |
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| fixed length control field |
01846nam a22001577a 4500 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
211218b ||||| |||| 00| 0 eng d |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
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| Personal name |
Gore, Ashlee |
| 245 ## - TITLE STATEMENT |
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| Title |
It’s all or nothing: Consent, reasonable belief, and the continuum of sexual violence in judicial logic |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
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| Place of publication, distribution, etc |
Social & Legal Studies |
| 300 ## - PHYSICAL DESCRIPTION |
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| Extent |
30(4), Aug, 2021: p.522-540 |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc |
This paper discusses controversies over the reasonable belief in consent defence to sexual assault shared by many common law jurisdictions. The implementation of a ‘reasonable’ belief standard has been heralded as a safeguard against rape myth narratives that endorsed men’s unreasonable but ‘honest’ beliefs in women’s consent. This paper argues that judicial constructions of reasonable belief in consent continue to apply notions of reasonableness abstracted from the social context of women’s experience of sexual violence and disconnected from sociological insights which contextualise both the encounter and jury decisions. Using a feminist sociocultural analysis (Gavey, 2005; Kelly, 1988), the successful appeal in the case of R v Lennox (2018 Queensland, Australia), against his conviction by a jury is discussed. The reasoning in the Lennox appeal reveals that overriding judicial constructions of women as incredible in their communication of non-consent, and the prevailing legal dichotomies of consent, and credibility as ‘all or nothing’, undo the progressive potential of the standard of ‘reasonableness’ in consent law and reinforce the phallocentrism of legal discourse. – Reproduced |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name as entry element |
Consent, Continuum of sexual violence, Cultural scaffolding of rape, Phallocentrism, Reasonable belief, Sexual assault, Sexual violence |
| 9 (RLIN) |
28906 |
| 773 ## - HOST ITEM ENTRY |
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| Main entry heading |
Social & Legal Studies |
| 906 ## - LOCAL DATA ELEMENT F, LDF (RLIN) |
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| Subject DIP |
SEXUAL VIOLENCE |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
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| Item type |
Articles |
