Date of Award
Master of Arts (MA)
Andrew I. Cohen
In a critique of sex-based theories of rape, Aletta Brenner suggests that feminists such as Catharine MacKinnon rely on a harmful set of assumptions when theorizing about the law of rape leading to harms to victims and perpetrators. I defend MacKinnon’s position in order to demonstrate how MacKinnon’s theory does not employ the assumptions Brenner suggests and therefore does not lead harms. However, I highlight one concern of Brenner’s that MacKinnon’s theory does not adequately address: that MacKinnon insists that all rape is sex based. I posit that in Same Sex Mutual Intimate Partner Violence, rape appears to be sexual-orientation based rather that sex based and suggest that MacKinnon’s theory ought to make distinctions that allow the law to be sensitive to those most vulnerable to rape.
Malone, Meagan, "A Critique of Catharine MacKinnon's Sex-Based Theory of Rape." Thesis, Georgia State University, 2017.