NCJ Number
104502
Journal
International Journal of the Sociology of Law Volume: 14 Issue: 3-4 Dated: (August-November 1986) Pages: 269-286
Date Published
1986
Length
18 pages
Annotation
In the Netherlands, the women's movement has advocated the use of penal sanctions as a means of opposing sexual violence (including pornography) against women with an eye toward helping to solve the structural problem of inequality between the sexes.
Abstract
While feminists also have emphasized victim services and the need for civil and legislative solutions, the reliance on criminal law and penal sanctions has unintentionally brought them closer to conservative and punitive factions. In their advocacy of penal sanctions, feminists attempted to rely on penal sanctions that were primarily instrumental in their intent and unconcerned with protecting the intrinsic dignity and integrity of women. By not exploiting the ideological potential of criminal law, they were drawn into arguments about such fundamental rights as freedom of expression and self-determination. By latching onto existing law, they failed to appreciate the limits imposed by its sexual connotations and were unable to broaden its scope to the larger social issue. Modification of a number of antidiscrimination provisions in the Dutch penal code to include gender could serve the necessary ideological function to which feminists aspire. 7 notes and 19 references.