000			02139nab a22002897a 4500
999			_c8115 _d8115
005			20250625151635.0
008			230419s2022 -nz|| |||| 00| 0 eng d
040			_aAFVC
100			_aHigh, Anna _910386
245			_aThe "classical" conception of rape and its partial reform in Aotearoa New Zealand _cAnna High
260			_bNew Zealand Law Foundation, _c2022
500			_aNew Zealand Law Review, 2022, 2022(2): 173-208
520			_aThis article traces the broad contours, tensions and complexities of rape law origins and reform in Aotearoa New Zealand. Historical reform debates and controversies in New Zealand illustrate how "classical rape: the rape that is a gender type of offence and ... involves particular conduct" constructed the victim as a valourised resistor and the perpetrator as a blatant disregarder of non-consent. This supported a certain male-imagined sexual logic: that sex is presumptively consensual, and consent can reasonably be attributed to an unwilling person. In 1986, sweeping rape law reforms sought to challenge this logic by reimagining the categories of "victim" and "rapist". As a result of reform, the gap between law's stated abhorrence for and practical sanction of rape has theoretically narrowed. However, certain "classical rape" assumptions — about sex, consent, victims and rapists — have endured in post-reform appellate case law, suggesting that further doctrinal reform will be needed to undo long-standing, embedded beliefs about rights of access to female (and other) bodies. (Author's abstract). Record #8115
650			_aATTITUDES _970
650			_aCONSENT _94690
650			_aCRIMINAL JUSTICE _9167
650			_aHISTORY _9293
650			_aLAW REFORM _9338
650			_aRAPE _9488
650			_aRAPE MYTH _911819
650		4	_aSEXUAL VIOLENCE _9531
651		4	_aNEW ZEALAND _92588
773	0		_tNew Zealand Law Review, 2022, 2022(2): 173-208
830			_aNew Zealand Law Review _95171
856			_uhttps://www.ingentaconnect.com/contentone/lrf/nzlr/2022/00002022/00000002/art00002 _zRead abstract
942			_2ddc _cARTICLE _hnews119