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Nonetheless, there may be a justification for maintaining the crime of rape, given that penetrative sexual intercourse has particular cultural significance. See Davis , for an argument that rape should not have a special status and should be treated as battery. Making rape law gender neutral retains the distinction between sexual intercourse and other kinds of sex, and so will be seen by some to not go far enough. International Approaches to Rape. My main focus in this paper is to argue that if we are to have a crime of rape, as we do in fact have, there are important reasons to make it gender neutral, and to highlight that the fact that it is not gender neutral might be a product of problematic gendered views about sex. This is because it is this kind of case where we see the kind of gendered double standard and issues with which I am concerned in this paper most starkly.

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Furthermore, as I have argued, in any case, it is not clear that men are less affected by non-consensual sex with women; this is an empirical question to which we do not have a definitive answer.

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Cambridge: Harvard University Press, However, there may be more non-consensual sex 34 carried out by women against men than is reported. They both fell asleep at a party, severely inebriated, and woke up to find a stranger having sex with them. The anatomical differences between men and women must sensibly direct that the offence of Rape should remain an offence that can only be physically performed by a man although women can be guilty as accessories to the crime.

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