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Consent And Sexual Offenses
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Book Synopsis Implied Consent and Sexual Assault by : Michael Plaxton
Download or read book Implied Consent and Sexual Assault written by Michael Plaxton and published by McGill-Queen's Press - MQUP. This book was released on 2015 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisiting the doctrine of implied consent in Canadian sexual assault law.
Book Synopsis Consent and Sexual Offenses by : Elisa Hoven
Download or read book Consent and Sexual Offenses written by Elisa Hoven and published by Nomos Verlag. This book was released on 2022-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: In sexuellen Beziehungen macht die Einwilligung der Beteiligten den Unterschied zwischen Vergnügen und Verbrechen. Die Voraussetzungen rechtlich wirksamer Einwilligung sind jedoch schwer festzustellen, da sexuelle Beziehungen stark von ihrem persönlichen, sozialen und kulturellen Kontext geprägt sind. Dieser Band enthält Berichte und Essays von Expert:innen aus 11 Ländern sowie eine rechtsvergleichende Synopse zur Einwilligung in sexuelle Handlungen. Er bietet allen, die an grundsätzlichen Fragen und rechtspolitischen Entwicklungen des Sexualstrafrechts interessiert sind, zahlreiche aktuelle Informationen und neue Ideen. Elisa Hoven und Thomas Weigend beschäftigen sich seit langem intensiv mit Strafrechtspolitik und Rechtsvergleichung. Mit Beiträgen von Asst.-Prof. Dr. Baris Atladi; Dr. Gian Marco Caletti; Dr. Andrew Dyer, LL.B, LL.M; Prof. Aya Gruber, J.D.; Dr. Lyndon Harris, Barrister; Prof. Dr. Elisa Hoven; Prof. Dr. Wojciech Jasiński; Dr. Karolina Kremens; Prof. Dr. Kai Lindenberg; Dr. Sebastian Mayr; Dr. Hannah Quirk; Dr. Nora Scheidegger; Univ.-Prof. Dr. Kurt Schmoller; Dr. Linnea Wegerstad und Prof. Dr. Thomas Weigend.
Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Sexual Offences written by Samantha Pegg and published by Routledge. This book was released on 2016-03-10 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Offences: Law and Context presents the substantive law governing sexual offending in England and Wales in its socio-legal and historical context. It outlines the complexities of the Sexual Offences Act 2003, associated pieces of legislation and the common law offences in a clear, linear narrative. The book highlights and discusses key themes in the contemporary law including rape and consent, sexual offences against children, abuse of people with mental disorders, pornography offences, and prostitution. It offers a critical discussion of challenges for the law and potential ways forward for the future. Designed to be a comprehensive overview, Sexual Offences: Law and Context will be an invaluable resource for students of law and criminology taking courses on sexual offences or pursuing research in this area.
Book Synopsis Making Sense of Sexual Consent by : Mark Cowling
Download or read book Making Sense of Sexual Consent written by Mark Cowling and published by Routledge. This book was released on 2017-03-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of sexual consent has stimulated much debate in the last decade. The contributors to this illuminating volume make sense of sexual consent from various conceptual standpoints: socio-legal, post-structural, philosophical and feminist. The volume comprises a range of studies, all based around consent within a specific context such as criminal justice, homosexuality, sadomasochism, prostitution, male rape, learning disabilities, sexual ethics, and the age of consent. It is the first collection to publish exclusively on issues of sexual consent, and both makes sense of sexual consent in contemporary society and guides debate towards better consent standards and decisions in the future. Making Sense of Sexual Consent will excite considerable discussion amongst academics, professionals and all those who think that freedom to make decisions about our sexual selves is important. It will set the agenda for debate on sexual consent into the 21st Century.
Download or read book Sexual Consent written by Martin Gitlin and published by Greenhaven Publishing LLC. This book was released on 2019-12-15 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, "no means no" served as the standard for whether sexual consent is granted, but valid concerns have called for an expansion of this standard. Factors that could prevent someone from rejecting an unwanted advance include coercion and intoxication, making the concept of verbal consent muddy. The debate over whether this standard should be replaced and what should replace it has brought forth various possible solutions, with some arguing that only enthusiastic verbal consent will do, and others asserting that this expectation is unrealistic. Factors like age, positions of trust and authority, and mental and emotional conditions and disabilities also factor into the discussion. The well-balanced articles found here will provide your readers with an intelligent understanding of this topic.
Book Synopsis Implied Consent and Sexual Assault by : Michael Plaxton
Download or read book Implied Consent and Sexual Assault written by Michael Plaxton and published by McGill-Queen's Press - MQUP. This book was released on 2015-11-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.
Book Synopsis Everything You Need to Know About Sexual Consent by : Carla Mooney
Download or read book Everything You Need to Know About Sexual Consent written by Carla Mooney and published by The Rosen Publishing Group, Inc. This book was released on 2017-07-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communities and schools across the United States have recently been shocked by reports of the frequency of rape and sexual assault. Sexual consent has become an increasingly important issue. This title examines this difficult issue and reveals campus and community efforts to educate students about sexual consent, shortcomings in addressing rape accusations, and current laws pertaining to consent. Call-outs share special tips, like what to ask a specialist and how to recognize common myths and facts. Most importantly, readers will learn how to set their own and respect each others� boundaries and what to do if those boundaries are ignored.
Book Synopsis Consent to Sexual Relations by : Alan Wertheimer
Download or read book Consent to Sexual Relations written by Alan Wertheimer and published by Cambridge University Press. This book was released on 2003-09-18 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important discussion of philosophical issues surrounding consent to sexual relations.
Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Sexual Offences written by Samantha Pegg and published by Routledge. This book was released on 2016-03-10 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Offences: Law and Context presents the substantive law governing sexual offending in England and Wales in its socio-legal and historical context. It outlines the complexities of the Sexual Offences Act 2003, associated pieces of legislation and the common law offences in a clear, linear narrative. The book highlights and discusses key themes in the contemporary law including rape and consent, sexual offences against children, abuse of people with mental disorders, pornography offences, and prostitution. It offers a critical discussion of challenges for the law and potential ways forward for the future. Designed to be a comprehensive overview, Sexual Offences: Law and Context will be an invaluable resource for students of law and criminology taking courses on sexual offences or pursuing research in this area.
Book Synopsis Consent, Stealthing and Desire-Based Contracting in the Criminal Law by : Brianna Chesser
Download or read book Consent, Stealthing and Desire-Based Contracting in the Criminal Law written by Brianna Chesser and published by Routledge. This book was released on 2021-12-24 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
Book Synopsis Coping with Sexual Consent by : Erin Staley
Download or read book Coping with Sexual Consent written by Erin Staley and published by The Rosen Publishing Group, Inc. This book was released on 2019-07-15 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-sexual violence movements, such as MeToo and TimesUp, turn much-needed attention to the nonconsensual acts that affect millions around the world. These movements not only inspire social change, but highlight the importance of asking for voluntary, conscious, and enthusiastic affirmatives to expressions of desire and sexual activities. Through this insightful and sensitive resource, readers will discover what it means to survive and heal from nonconsensual acts, how to access survivor-specific resources, and how to dispel prevalent myths. They will also be empowered to safely step in as bystanders, to help others as allies, and to speak up as advocates for sexual consent.
Book Synopsis Sexual Offense Laws in Kenya. Legal Framework and the Role of Consent by : Michael Mutinda
Download or read book Sexual Offense Laws in Kenya. Legal Framework and the Role of Consent written by Michael Mutinda and published by GRIN Verlag. This book was released on 2020-08-18 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Criminal process, Criminology, Law Enforcement, Moi University, language: English, abstract: This research examines the legal framework for governing sexual consent and accessing whether it has been successful or not. This research will also propose reforms on the legal framework governing sexual consent for the strengthening of laws on sexual offenses in Kenya. Sexual offenses remain a major challenge that Kenya is facing today. Sexual offenses have adverse effects of derailing not only ones legal, social and economic development but also that of the country as a whole. There is a high prevalence of gender‐based violence in Kenya. Sexual violence takes many forms, including rape, sexual assault, defilement, incest, and many others. This type of violence is a reflection of gender inequality in a society where mostly men exercise power over women and girls. The Sexual Offenses Act, 2006 was passed in order to deal with the problem of sexual violence since sexual offenses were previously governed by the Penal Code.
Book Synopsis Screw Consent by : Joseph J. Fischel
Download or read book Screw Consent written by Joseph J. Fischel and published by Univ of California Press. This book was released on 2019-01-22 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.
Book Synopsis Sex and Harm in the Age of Consent by : Joseph J. Fischel
Download or read book Sex and Harm in the Age of Consent written by Joseph J. Fischel and published by U of Minnesota Press. This book was released on 2016-05-15 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sex and Harm in the Age of Consent cautions against the adoption of consent as our primary determinant of sexual freedom. For Joseph J. Fischel, consent is not necessarily always ethically sound. It is, he argues, a moralized fiction, and it churns out figures for its normativity: the predatory sex offender and the innocent child. Examining the representation of consent in U.S. law and media culture, Fischel contends that the figures of the sex offender and the child are consent’s alibi, its negative space, enabling fictions that allow consent to do the work cut out for it under late modern sexual politics. Engaging legal, queer, feminist, and political theory, case law and statutory law, and media representations, Fischel proposes that we change our adjudicative terms from innocence, consent, and predation to vulnerability, sexual autonomy, and “peremption,” which he defines as the uncontrolled disqualification of possibility. Such a shift in theory, law, and life would be less damaging for young people, more responsive to sexual violence, and better for sex.
Download or read book Consent written by Alan Reed and published by Taylor & Francis. This book was released on 2016-10-14 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.