Tag Archives: Helen Reece

Joanne Conaghan and Yvette Russell consider progressive legal strategizing through 'rape myths' controversy

Taking on Helen Reece’s mythologizing…..

New in Print: Joanne Conaghan and Yvette Russell Rape Myths, Law, and Feminist Research: ‘Myths About Myths?’. In: Feminist Legal Studies, Vol. 22, No. 1, 2014.  Feminist Legal Studies is available via Springer Link here.

Read the introduction here.

ABSTRACT: In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and (re)map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned.

See also

Nov. 28 2013 Davina Cooper “Question Everything? Rape Law & Free Speech”  http://criticallegalthinking.com/2013/11/28/question-everything-rape-law-free-speech/

At one level, the con­flict con­cerns how crim­inal law and pro­cedure treat (and should treat) rape — whether “or­dinary” people have a series of be­liefs about rape that make them less sym­path­etic (than they should be) to women vic­tims. At an­other level, the con­flict is about speech — about what speech is, what it does, and our re­spons­ib­ility for its ef­fects. Helen poses the ques­tion, why is rape dif­ferent? But, in the face of “free speech” calls to de­fend aca­demic freedom and the right to ques­tion everything, I want to ask, why is speech dif­ferent? Is it priv­ileged simply be­cause ex­pres­sion and com­mu­nic­a­tion are priv­ileged, or be­cause it rep­res­ents an ex­cep­tional way of ex­pressing opinion or ques­tioning re­ceived norms?

Nov. 15 2013 Sarah Keenan and Yvette Russell “Rape is Different:  Academic Impact Sinks to New Lows” http://criticallegalthinking.com/2013/11/15/rape-different-academic-impact-sinks-new-lows/

The LSE is a pres­ti­gious in­sti­tu­tion of higher learning whose public de­bate series pur­ports ‘to po­s­i­tion LSEat the centre of de­bate in all areas of the so­cial sci­ences… [and] to en­hance the School’s repu­ta­tion for in­tel­lec­tual, chal­len­ging ideas and dis­cus­sion with a broader public audi­ence.’ But far from opening up a cut­ting edge de­bate, the so­cial media pro­mo­tion, public event and media cov­erage sur­rounding Reece’s art­icle in fact closes down and severely limits careful, con­sidered and evidenced-​based dis­cus­sion about rape and rape law, al­most all of which con­tra­dicts Reece’s and Hewson’s claimsThese claimsare not new or in any way path-​breaking.

Helen Reece  http://ifls.osgoode.yorku.ca/2013/06/myths/

 

question everything?: rape law/free speech | davina cooper

colourful speech bubblesQUESTION EVERYTHING?: RAPE LAW/ FREE SPEECH | davina cooper.
Do read this.  I found it really helpful and i wonder what others will think.

Davina Cooper (Kent Law School) includes links which explain the context for this particular intervention.  But the discussion she offers has broad relevance – for me, it had me thinking about the challenge in the classroom.

Plus I long to write lines like this:

 Helen’s opponent is flabby un-interrogated knowledge, vulnerable to flaying from the sharp sword of reason. 

 

Myths about Myths…about Myths?

Helen Reece, reader in law at LSE recently published “Rape Myths: Is Elite Opinion Right and Popular Opinion Wrong?” in the Oxford Journal of Legal Studies (H Reece, ‘Rape Myths: Is Elite Opinion Right and Popular Opinion Wrong?’ (2013) Oxford Journal of Legal Studies, online: <http://ojls.oxfordjournals.org/citmgr?gca=oxjlsj;gqt006v1> First published online: March 25, 2013.   Here the Guardian provided a summary of the arguments. Here is the abstract, but do click through for the article.

 

England and Wales have recently experienced wide-ranging rape law reform and a galloping rape reporting rate but no comparable increase in rape convictions, leading many erstwhile law reformers to turn attention to attitudes. In essence, their argument is that reform has proved relatively ineffective because a range of agents hold ‘rape myths’. Despite the broad consensus that this approach has attracted, I argue that the regressiveness of current public attitudes towards rape has been overstated. The claim that rape myths are widespread may be challenged on three grounds: first, some of the attitudes are not myths; secondly, not all the myths are about rape; thirdly, there is little evidence that the rape myths are widespread. To a troubling extent, we are in the process of creating myths about myths. This process functions to close down, not open up, the possibilities of a productive public conversation about important and at times vexed questions.

Over at Inherently Human (Critical Perspectives on Law, Gender & Sexuality), Dr. Nikki Godden of Newcastle has an interesting and highly critical response.  Here’s a tiny piece – you really should have a look at the whole thing:

Reece draws statistical comparisons to highlight high attrition and low conviction rates for some other serious offences, such as burglary, suggesting that there is no justification for a focus on rape (p 5). However, pointing to other crimes which have equally poor attrition and conviction rates does not mean that there is no problem to be addressed, although it does raise the question: why should time, energy, and resources be spent on attempting to improve the criminal justice response to rape in particular? While Reece anticipates and addresses answers to this question, she fails to adequately challenge the strongest and most significant reason for focusing on rape – the point that it is a gendered harm.

Inherently Human was created in 2010 by postgraduate students working in the research cluster Gender & Law at Durham (GLAD), located in the School of Law, Durham University, UK.