Sexual Consent and Epistemic Partiality in Rape Fact-Finding
Talita Ferrantelli
Abstract:Feminist legal theory has contested rape laws and notions of sexual consent to better reflect the experiences of survivors and address power distortions in legal frameworks that perpetuate women’s subordination. In this paper, I explore an alternative form of criticism to consent-based rape laws and biases within legal systems. I argue that the justifications that are used to select and weigh evidence in rape cases are epistemically suspect because of the unreliability of their epistemic sources. My argument, … Show more
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