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Androcentric and Heteronormative Judgments on Sexual Violence: An Analysis of Judgments on Male-on-Male Sexual Violence

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2026, 9(1), pp.35~67
  • DOI : 10.22976/JHRS.2026.9.1.35
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : May 19, 2026
  • Accepted : June 19, 2026
  • Published : June 30, 2026

Seungho Shin 1

1서울대학교

Accredited

ABSTRACT

This study examines the court’s understanding of sexual violence manifested in male-on-male sexual violence cases to analyze how gender operates in men's victimization of sexual violence. The main findings are as follows. First, similar to male-on-female sexual violence, “obscenity” tended to serve as a criterion for determining victimization. Second, in cases of male victims of sexual violence, the recognition of coercion and the absence of suspicion of false accusation were notably more pronounced compared to cases involving female victims. Third, the court’s judgment of sexual violence was grounded in the norm that only heterosexual relations are natural; consequently, when the defendant was homosexual, a pronounced tendency to reduce sexual violence to a matter of excessive sexual desire emerged. This perspective of the court in interpreting and recognizing male-on-male sexual violence victimization exposes the contradictions of the current androcentric and heteronormative gender relations when compared to male-on-female sexual violence victimization.

Citation status

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