Responsibility for reckless rape

Sifferd, Katrina and Jefferson, Anneli ORCID: https://orcid.org/0000-0002-1870-1361 2022. Responsibility for reckless rape. Humana.Mente: Journal of Philosophical Studies 15 (42) , pp. 119-143.

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Abstract

Sometimes persons are legally responsible for reckless behavior that causes criminal harm. This is the case under the newly drafted provisions of the U.S. Model Penal Code (MPC), which holds persons responsible for “simple” rape (nonconsensual sex without proof of force or threats of force), where the offender recklessly disregards the risk that the victim does not consent. In this paper we offer an explanation and corrective critique of the handling of reckless rape cases, with a focus on the U.S. criminal justice system, although our analysis is applicable more broadly. We argue that a wider group of reckless rapists are criminally responsible than is captured by the MPC and claim criminal punishment of reckless rapists must be justified by looking to both moral desert and instrumental aims achieved by criminal punishment. Part of the law’s job is to communicate and enforce society’s expectations regarding unacceptable behavior. In punishing reckless rape, we are not just giving people what they deserve, but also reinforcing and shaping norms regarding sexual behavior.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	English, Communication and Philosophy
Subjects:	B Philosophy. Psychology. Religion > B Philosophy (General)
Publisher:	Associazione Culturale Humana.Mente
ISSN:	1972-1293
Related URLs:	https://www.humanamente.eu/index.php/HM/...
Date of First Compliant Deposit:	30 December 2022
Date of Acceptance:	11 November 2022
Last Modified:	09 May 2023 04:40
URI:	https://orca.cardiff.ac.uk/id/eprint/155306

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