Effectively Recognizing and Punishing Sexual Coercion: Proposals for Reform

Abstract

This chapter explores the challenges associated with proving an absence of consent in rape cases involving non-violent sexual coercion. It is argued that the continuing influence of the ‘real rape’ stereotype perpetuates an expectation in jurors’ minds that a ‘real rape’ will be attended by significant levels of physical violence and/or serious injury. The chapter considers rape law in Ireland and England and Wales to examine how existing law might be reformed to improve the potential of appropriately punishing experiences of non-consensual sexual intercourse which might be categorized as sexual coercion.

The need to revisit the current law in this area is particularly pronounced now that domestic abuse law has been reformed to recognize coercive control. This leads to the incongruous situation where coercive and controlling behaviour is recognized in the context of domestic abuse but it remains very difficult to successfully prosecute offences involving sexual coercion. The chapter discusses a number of reforms which would improve the prevailing law in this area and better align the approach to coercion in domestic abuse and sexual abuse contexts. Reforms proposed include: further developing legislative and non-legislative guidance on consent, introducing a specific offence of sexual coercion, and exploring the potential of prosecuting sexual coercion within intimate partner relationships as domestic abuse, rather than as a sexual offence.

Citation

Leahy, S. (2022), "Effectively Recognizing and Punishing Sexual Coercion: Proposals for Reform", Bows, H. and Herring, J. (Ed.) ‘Rough Sex’ and the Criminal Law: Global Perspectives (Feminist Developments in Violence and Abuse), Emerald Publishing Limited, Leeds, pp. 99-115. https://doi.org/10.1108/978-1-80117-928-720221007