History 378G - Rape Law:Gender, Race, Justice

The history of the legal response to rape has often resulted in injustice for both the victim/survivor and the alleged perpetrator. This course will examine the evolution of the U.S. legal system's treatment of rape, paying particular attention to the movement against lynching in the post-civil war era, the rise of the feminist anti-rape movement in the 1970s and the student movement against campus sexual assault. Through an analysis of court cases, legislation, and other texts we will consider the role sexual violence has played in maintaining gendered and racialized power relationships. We will examine how and why such violence came to be seen as a crime, including who is worthy of the law's "protection" and who is subject to the law's "punishment." We will explore issues such as: rape as a form of racialized and imperial violence, especially against black and Native American women; the criminal legal treatment of rape and the evolution of the legal concepts of force, resistance, and consent; and the civil responses to rape under the Violence Against Women Act and Title IX. We'll also look at the international law responses to rape as a weapon of war. Finally, we'll think about how the legal responses, or non-responses, to rape have differed over time depending on factors such as the race/ethnicity, income level, immigration status, sexual orientation/gender identity, age, and marital status of the victim/survivor and the perpetrator. Finally, we'll consider how the legal system can or should respond to rape, particularly in this age of mass criminalization and mass incarceration, and whether restorative justice responses might be preferable. Prior law-related coursework is helpful, but not required.

Open to Seniors, Juniors & Sophomores only. Prior law related and /or gender/sexuality coursework is helpful, but not required;