2014
DOI: 10.5204/ijcjsd.v3i3.155
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Violence Against Women: What’s Law Got to Do With It? A Reflection on Gang Rape in India

Abstract: The brutal gang rape of a physiotherapy student in India in December 2012 drew the world's attention to the problem of sexual violence against women in that country. Protests and mass public reaction towards the case pressurized the government to respond to the crisis by changing the laws on sexual violence. However, these new laws have not led to a decrease in violence against women (VAW). Is this the result of the failure of the rule of law? Or does it highlight the limitations of law in absence of social ch… Show more

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Cited by 8 publications
(7 citation statements)
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“…Third, criminal legal sanctions fail to address the social and structural drivers of men's violence against women, and instead attempt to deal with a social phenomenon by criminalizing individual behavior (Heise, 2011). Sharma and Bazilli (2014) put it clearly: “Focusing on reforming individualistic laws to punish individual perpetrators obscures the preventive initiatives that would require fundamental alterations in economic and social structure” (p. 8).…”
Section: Moving Beyond Criminal Legal Sanctions To Address and Preven...mentioning
confidence: 99%
See 3 more Smart Citations
“…Third, criminal legal sanctions fail to address the social and structural drivers of men's violence against women, and instead attempt to deal with a social phenomenon by criminalizing individual behavior (Heise, 2011). Sharma and Bazilli (2014) put it clearly: “Focusing on reforming individualistic laws to punish individual perpetrators obscures the preventive initiatives that would require fundamental alterations in economic and social structure” (p. 8).…”
Section: Moving Beyond Criminal Legal Sanctions To Address and Preven...mentioning
confidence: 99%
“…Fifth, and critically, there is little evidence that harsh criminal legal strategies deter violence; in fact, there is reason to believe that they may increase violence against women (Goodmark, 2018; Heise, 2011; Sharma & Bazilli, 2014). There is now a broad consensus among criminologists that the threat of harsh punishment and long sentences does not in fact deter or decrease violence; rather, it is the certainty of arrest and punishment (National Institute of Justice, 2016; OHCHR, 2020; Thomforde Hauser & Abbasi, 2016).…”
Section: Moving Beyond Criminal Legal Sanctions To Address and Preven...mentioning
confidence: 99%
See 2 more Smart Citations
“…In contrast, men's perpetration of intimate partner homicide normally occurs within the context of their ongoing perpetration of violence against their victim. It is motivated by power, control, domination, possessiveness, a sense of masculine entitlement over what they construe as their property, and a way to correct and punish victims' defiance of their masculine authority (Anwary 2015;Elisha et al 2010;James-Hawkins et al 2019;Mathews et al 2015;McCarthy et al 2018;Sharma and Bazilli 2014). Men's perpetration of domestic violence homicide is thus a destructive expression of masculinity, i.e., a toxic demonstration of socially constructed ideological notions of manhood, typified by physical strength, aggression, power, control, and sexual potency (Beesley and McGuire 2009;Connell and Messerschmidt 2005;De Vogel and Spa 2019;Whitehead 2021).…”
Section: Gender Homicide and Sexual Offendingmentioning
confidence: 99%