Rape Pornography%2C Cultural Harm and Criminalization Accepted.pdf (427.57 kB)
Rape pornography, cultural harm and criminalization
In 2015 the offence of possessing extreme pornography (Criminal Justice and Immigration Act 2008, s63) was extended to cover the possession of pornographic images of rape. Proponents of the legislation claim that rape pornography is ‘culturally harmful’, because it normalizes and legitimates sexual violence. Critics have dismissed ‘cultural harm’ as poorly defined and lacking evidence. However, critical engagement with, and development of, this concept has been limited on both sides of the debate. This article fills that gap through a sustained theoretical exposition of the concept of cultural harm and detailed analysis of its role in justifying the criminalization of rape pornography. It makes the case that at least some rape pornography is culturally harmful, but nevertheless concludes that criminalization of the possession of rape pornography is not an appropriate response to that harm.
History
Publication status
- Published
File Version
- Accepted version
Journal
Northern Ireland Legal QuarterlyISSN
0029-3105Publisher
Queen's University Belfast, School of LawIssue
1Volume
69Page range
37-58Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2018-03-27First Open Access (FOA) Date
2018-03-27First Compliant Deposit (FCD) Date
2018-03-27Usage metrics
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