1st Edition

Vulnerability and Sexual Assault Law The Inadequacy of the Autonomy-based Approach

By Sorcha McCormack Copyright 2027
230 Pages
by Routledge

This book critiques the autonomy based theoretical foundations of the legal response to sexual offences. To do so it examines the legal treatment of incapacitated rape victims arguing that the autonomous foundations have created a hierarchal response that forces individuals to be responsible for avoiding harm. The book uses vulnerability theory in two innovative ways. It challenges the... Read more

Introduction: Vulnerability and Sexual Assault Law: The Inadequacy of the Autonomy-based Approach 1. The Vulnerability Challenge 2. Intoxication and Consent: A Hierarchal Response? Is Autonomy the Problem? 3. Insights from the Treatment of Those with a ‘Mental Disorder’ 4. Alternative approaches 5. Radically Reforming the Law: Vulnerability and Penetration as a Prima Facie Wrong 6. Autonomy and Vulnerability: Potential Reform to the Legislation. Conclusion: Beyond the Law

Biography

Sorcha McCormack is a Senior lecturer in law at Leeds Beckett University UK. As an academic and a qualified barrister, she uses feminist legal theory to critique criminal law. This monograph builds on her PhD thesis from Durham University.

"This magnificent book is a brilliant scholarly examination of the law on sexual offences from a vulnerability perspectives. It challenges assumptions around the nature of consent and sexual autonomy and urges us to reconsider the law in novel and exciting ways." 

Jonathan Herring, Professor of Law, University of Oxford, UK

“A vital book offering new ways to understand the injustices experienced by survivors of rape, as well as charting a path towards ending violence against women and girls.”

Clare McGlynn, Professor, Durham University, UK