Are Rape Myths ‘Myths’?

David J Hayes

Oxford Journal of Legal Studies, 2024, vol. 44, issue 1, 156-180

Abstract: Little attention has been paid to what the word ‘myth’ contributes to the concept of rape myths. Rape myths tend to be regarded as widely believed falsehoods that need to be debunked in order to address patriarchal injustices. This account draws upon a long-standing vernacular English association between myth and falsehood which originated in the Enlightenment. But it is not the only possible definition of myth. This article draws upon mythological studies across a range of disciplines to argue that rape myths should be considered authentically mythic; that is, rape ‘myths’ are culturally significant folk narratives about sexual wrongdoing. This reappraisal enables a shift in our understanding of what rape myths are, what they could be—and what we can do to reduce their pernicious influence on the criminal justice system. It also enables legal scholars to more generally reassess how the concept of ‘myth’ is used across our discipline(s).

Keywords: anthropology; culture; feminism; myth; mythology; rape myths (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:oup:oxjlsj:v:44:y:2024:i:1:p:156-180.

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