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Rape Beyond Crime.

Margo Kaplan1

  • 1Rutgers Law School, USA.

Duke Law Journal
|February 26, 2017
PubMed
Summary
This summary is machine-generated.

Public health law offers a more effective framework for preventing sexual violence than criminal law alone. It addresses root causes and promotes positive behaviors, moving beyond punishment to explore healthy sexual attitudes.

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Area of Science:

  • Public Health Law
  • Legal Studies
  • Sociology

Background:

  • Sexual violence is a significant public health issue, yet legal responses primarily focus on criminal law and perpetrator punishment.
  • Current legal approaches, dominated by criminal law, struggle with ineffectiveness and neglect individual culpability.
  • Civil law developments, like university disciplinary proceedings, also emphasize punishment over prevention.

Purpose of the Study:

  • To argue for the adoption of public health law principles in addressing sexual violence.
  • To explore how public health law can provide a more effective framework for rape prevention than criminal law.
  • To shift the legal discourse from solely prohibiting non-consensual sex to promoting positive sexual attitudes and behaviors.

Main Methods:

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  • Analysis of existing legal frameworks (criminal and public health law).
  • Examination of the limitations of criminal law in addressing the complex causes of sexual violence.
  • Proposal of public health interventions as a more effective prevention strategy.

    • Main Results:

    • Criminal law faces a double bind: either ineffectiveness or neglect of individual culpability without broader cultural change.
    • Public health law offers a robust framework to engage complex causes of sexual violence, including social norms.
    • Public health interventions can promote positive behaviors and address social determinants beyond the scope of criminal law.

    Conclusions:

    • Public health law provides a more promising and evidence-based approach to rape prevention.
    • Transforming rape law through a public health lens allows for "theorizing yes," promoting positive sexual models.
    • A public health framework enables a richer legal role in addressing the full spectrum of sexual attitudes and behaviors.