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 language | English (US) |
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Pages (from-to) | 91-106 |
Number of pages | 16 |
Journal | Hypatia |
Volume | 31 |
Issue number | 1 |
DOIs | |
State | Published - Dec 1 2016 |
Externally published | Yes |
ASJC Scopus subject areas
- Gender Studies
- Philosophy