This thesis explores the intricate relationship between race and rape law in England and Wales. It critically examines how the myth of the Black rapist, originating in US scholarship, translates to the UK legal landscape. Throughout, the thesis evaluates the utility of the myth of the Black rapist as an analytical tool for feminist legal scholars studying the intersection of race and rape within England and Wales, acknowledging both its relevance and limitations in a UK context. The project introduces the myth of the Black rapist as an analytical device, tracing its origins and impact on perceptions of sexual violence in both US and UK contexts. A critical examination of English and Welsh rape law reveals a paradox: while race is absent from statutory definitions, race features in the law’s operationalisation in criminal justice responses to rape. The key finding of this research is the application of Nicola Gavey's 'cultural scaffolding for rape' concept to explain this discrepancy. By extending this framework to include race, the thesis demonstrates how cultural and social beliefs about race and sexuality contribute to a scaffolding that shapes legal interpretations and enforcement of rape laws, despite race's formal absence from rape legislation. Integrating insights from Black feminist theory, critical race theory, and a law and literature methodology, this research provides a creative, novel, and nuanced understanding of how race inflects the cultural and legal discourse surrounding rape.
(How) does the myth of the Black rapist feature in English and Welsh rape law?
Johnson, M. (Author). 4 Feb 2025
Student thesis: Doctoral Thesis › Doctor of Philosophy (PhD)