Rape as a hate crime: An analysis of New York law

Research output: Contribution to journalReview article

Abstract

New York defines rape as forced penile vaginal penetration, which means only women can be rape victims. Given this definition, rape should always be considered a type of hate crime and thus eligible for sentencing enhancement because the perpetrators target victims based on their group membership. Such a narrow definition of rape is problematic because it fails to acknowledge oral and anal rape and overlooks the fact that men can also be raped. I argue that regardless of the type of sexual assault that occurs (vaginal, oral, or anal), rape should be considered a hate crime when the rapist chooses the victim based on gender, gender identity, and/or sexual orientation and the rape reinforces the patriarchal and heteronormative hegemony.

Original languageEnglish (US)
Pages (from-to)91-106
Number of pages16
JournalHypatia
Volume31
Issue number1
DOIs
StatePublished - Dec 1 2016
Externally publishedYes

ASJC Scopus subject areas

  • Gender Studies
  • Philosophy

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