In the article, Conceptualizing Rape as Coerced Sex, Scott
Anderson aims to explain why he supports the idea that rape should be defined
as coerced sex rather than “nonconsensual sex.” Anderson touches upon the
topics of rape as nonconsensual sex, difficulties with this sort of
conceptualization, the gender oppression involved, the idea of coercion and the
advantages of accepting the notion that rape is coerced sex. Furthermore, Anderson
aims to inspire change in terms of the legal definition of rape by defining
rape as coerced sex. I agree with Anderson’s position, as I believe that it
would help to avoid difficulties in the problem of defining rape as well as convicting
someone of rape.
In essence, I am
agreeing with Anderson’s view - that coercion is a required element when
classifying accounts of unwanted or nonconsensual sex. Rape altogether has
proved to be a very controversial and unclear topic, in the sense that there is
hardly a clear distinction between what is rape and what is not. In light of
this controversy, some people might objection to Anderson’s view by saying that
yes, coercion should definitely be considered when determining rape, but solely
limiting it the coercion requirement is very under inclusive and may truly
leave out some serious accounts. Those who may add to this objection might say
that there is a prominent mental aspect of rape, mentioning that rape should be
treated as an internal state rather than just defined by the physical aspects.
This objection could work in the sense that it is very inclusive, making sure
to consider how any kind of non-consent, whether mental or physical can count
as rape.
While this objection has potential and may
work, I don’t think it is sufficient when convicting someone of rape, let alone
defining it. As stated above one may
object by saying that the coercion requirement is under inclusive, but I believe
that it is more plausible to say that rape as nonconsensual sex is over
inclusive. Anderson would agree, as he states in the article, by saying that
gender roles do play a large role in the act of rape. The physical differences
and social hierarchy between men and women as well as implied roles in sexual
acts really contribute to the entire concept of rape. In accordance, Anderson writes
“there is a general cultural understanding that men are willing and able to use
violence against women in pursuit of their sexual aims.” Thus, this reply to
the objection and Anderson’s overall account makes sense as, I believe, it
successfully draws a line between what rape is and what nonconsensual sex is,
and the mere fact that they are different, especially when considering such
situations under legal conditions.
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