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You searched for +publisher:"University of Saskatchewan" +contributor:("Flood, Dawn"). One record found.

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University of Saskatchewan

1. Buydens, Norma Lorraine. Rape and "consent to force" : legal doctrine and social context in Victorian Britain.

Degree: 2007, University of Saskatchewan

This thesis is an exercise in the historical use of legal analysis. It illuminates the social construction of gender in an era of changing social mores, by relating rape doctrines to demographic, economic, social, and cultural changes. Changes in the rape law of early Industrial Britain (1800-1860) are examined as: 1). results of ideological changes since the eighteenth century; and 2). causes of the creation of Victorian sexual culture. The ideology of “Separate Spheres” for men and women led to a fearful sexual regime which prescribed chaperoning to ensure women’s chastity. Law made women’s avoidance of being alone outside, where they could become prey of strange men, a requirement for sexual respectability, because rape became more difficult to prove.The 1817 rural Midlands murder case of Rex versus Abraham Thornton caused popular controversy because the judge said physical evidence of brutal sex was not inconsistent with consensual sex: the woman could have been “persuaded” by violence: reasonable doubt on the rape meant the accused was presumed to lack a motive to kill the deceased. Thornton was influential on law and gender ideology. “Consent to force”—the idea that a woman could meaningfully consent to sex after violence—was extended in later rape cases. Secondly, even though the public reacted against Thornton’s acquittal, popular culture interpreted it to support “Stranger Danger”—that women risk rape by strangers while out alone, and should remain at home unless accompanied by trusted men. “Consent to Force” and “Stranger Danger” worked at different levels of the social hierarchy. But both served to extend Separate Spheres to working class women.Law undermined traditional mores which had supported the North West European marriage system—late marriage, small age difference between brides and grooms, nuclear family households, and numerous adolescents working in others’ homes as servants, resulting in low rates of premarital births during long courtships. Young commoners had managed a sexual balancing act by engaging in sexual exploration while refraining from vaginal intercourse. Late marriage, very low illegitimacy, and high rates of prenuptial conceptions of first marital births, resulted from young couples engaging in sexual intercourse only when conditions for marriage were right. Young men had to marry pregnant sweethearts, because communities could identify putative fathers.Industrialization threw the North West marriage system out of balance: young men became more mobile and able to evade forced marriage. It also became more difficult for young men, especially artisans, to achieve the status traditionally associated with marriage. This sexual crisis was exacerbated by upper class libertinism spreading to commoner men. The Thornton case promoted libertinism among all men, to allow men of higher class to approach lower class women for prostitution.The moral denigration of lower class women under rape law after Thornton was the flip side of the association of marriage with making… Advisors/Committee Members: Wiegers, Wanda A., Flood, Dawn, Carter, Mark, Bilson, Beth.

Subjects/Keywords: feminist legal theory; legal history; Britain; rape

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APA (6th Edition):

Buydens, N. L. (2007). Rape and "consent to force" : legal doctrine and social context in Victorian Britain. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/etd-04302007-134756

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Buydens, Norma Lorraine. “Rape and "consent to force" : legal doctrine and social context in Victorian Britain.” 2007. Thesis, University of Saskatchewan. Accessed July 11, 2020. http://hdl.handle.net/10388/etd-04302007-134756.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Buydens, Norma Lorraine. “Rape and "consent to force" : legal doctrine and social context in Victorian Britain.” 2007. Web. 11 Jul 2020.

Vancouver:

Buydens NL. Rape and "consent to force" : legal doctrine and social context in Victorian Britain. [Internet] [Thesis]. University of Saskatchewan; 2007. [cited 2020 Jul 11]. Available from: http://hdl.handle.net/10388/etd-04302007-134756.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Buydens NL. Rape and "consent to force" : legal doctrine and social context in Victorian Britain. [Thesis]. University of Saskatchewan; 2007. Available from: http://hdl.handle.net/10388/etd-04302007-134756

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

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