ABSTRACT

This chapter argues that despite the emancipatory intentions of feminism, some aspects of feminist analyses of the research problem may unintentionally compound a sense of disempowerment for both victims/survivors and practitioners. It explores how legislative reforms have been expressed through changes and improvements to the law and its processing of sexual assault. The chapter develops alternative ways to think about and respond to the problems regarding the legal response to sexual assault. It outlines some of the most notable examples of remedial legislative changes that have been achieved in the past two decades. The chapter suggests that targeting legislation may not be the most effective strategy for change. It explores the contribution that critical postmodern theorising might make to feminist understandings of the problems. Hence, despite remedial legislative change, the social and political context in which the laws are interpreted and implemented has not significantly changed, resulting in the continuation of many of the problems described with the legal response.