Grooming, ‘rough sex’ and coercive control in the criminal law: ‘Culturally mandated’ sex and violence against women

Julia Tolmie, Paulette Benton-Greig and Nicola Gavey

Chapter 21 in Research Handbook on Domestic Violence and Abuse, 2024, pp 366-383 from Edward Elgar Publishing

Abstract: This chapter explores the scope of culturally mandated sex in the context of domestic violence by examining three factually and legally dissimilar cases from three different jurisdictions - New Zealand, England and Australia. The cases involve grooming, ‘rough sex’ and coercive control and engage different bodies of doctrinal law - the offences of sexual violence, physical assault and homicide, and the defence of compulsion/duress. However, there are similarities between the cases - they are all cases in which girls or women are subjected to violence by a man with whom they have a domestic relationship, and each victim-survivor is in a vulnerable social position and dependent in some way on her abuser. The cases demonstrate the extreme lengths the law can go to in upholding the theoretical possibility of women’s agency and consent to sex when being harmed or threatened with serious harm to themselves or others.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035300648.00029 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:21920_21

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().