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Implied Consent And Sexual Assault
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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 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 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.
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 Texts of Terror written by Phyllis Trible and published by . This book was released on 2002 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Phyllis Trible examines four Old Testament narratives of suffering in ancient Israel: Hagar, Tamar, an unnamed concubine and the daughter of Jephthah. These stories are for Trible the "substance of life", which may imspire new beginnings and by interpreting these stories of outrage and suffering on behalf of their female victims, the author recalls a past that is all to embodied in the present, and prays that these terrors shall not come to pass again. "Texts of Terror" is perhaps Trible's most readable book, that brings biblical scholarship within the grasp of the non-specialist. These "sad stories" about women in the Old Testament prompt much refelction on contemporary misuse of the Bible, and therefore have considerable relevance today.
Book Synopsis Sexual Assault in Canada by : Elizabeth A. Sheehy
Download or read book Sexual Assault in Canada written by Elizabeth A. Sheehy and published by University of Ottawa Press. This book was released on 2012-09-29 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Book Synopsis Colonizing Consent by : Elizabeth Thornberry
Download or read book Colonizing Consent written by Elizabeth Thornberry and published by Cambridge University Press. This book was released on 2019 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a wealth of court records, Colonizing Consent shows how rape cases were caught up in, and helped shape, the major political debates in colonial South Africa.
Book Synopsis The Dark Side of Courtship by : Sally A. Lloyd
Download or read book The Dark Side of Courtship written by Sally A. Lloyd and published by SAGE. This book was released on 2000 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The negative interactions that take place between dating and courting partners, most notably physical aggression and sexual exploitation, are explored in this volume. The authors blend qualitative interviews with current research findings.
Book Synopsis Representing Rape by : Susan Ehrlich
Download or read book Representing Rape written by Susan Ehrlich and published by Routledge. This book was released on 2003-08-27 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Rape is the first feminist analysis of the language of sexual assault trials from the perspective of linguists. Susan Ehrlich argues that language is central to all legal settings - specifically sexual harassment and acquaintance rape hearings where linguistic descriptions of the events are often the only type of evidence available. Language does not simply reflect but helps to construct the character of the people and events under investigation. The book is based around a case study of the trial of a male student accused of two instances of sexual assault in two different settings: a university tribunal and a criminal trial. This case is situated within international studies on rape trials and is relevant to the legal systems of the US, Canada, Britain, Australia, and New Zealand. She shows how culturally-dominant notions about rape percolate through the talk of sexual assault cases in a variety of settings and ultimately shape their outcome. Ehrlich hopes that to understand rape trials in this way is to recognize their capacity for change. By highlighting the underlying preconceptions and prejudices in the language of courtrooms today, this important book paves the way towards a fairer judicial system for the future.
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 Defending Battered Women on Trial by : Elizabeth A. Sheehy
Download or read book Defending Battered Women on Trial written by Elizabeth A. Sheehy and published by UBC Press. This book was released on 2013-12-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of “battered woman syndrome” was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the legal response to battered women who killed their partners in the fifteen years since Lavallee. Elizabeth Sheehy uses trial transcripts and a case study approach to tell the stories of eleven women, ten of whom killed their partners. She looks at the barriers women face to “just leaving,” the various ways in which self-defence was argued in these cases, and which form of expert testimony was used to frame women’s experience of battering. Drawing upon a rich expanse of research from many disciplines, she highlights the limitations of the law of self-defence and the costs to women undergoing a murder trial. In a final chapter, she proposes numerous reforms. In Canada, a woman is killed every six days by her male partner, and about twelve women per year kill their male partners. By illuminating the cases of eleven women, this book highlights the barriers to leaving violent men and the practical and legal dilemmas that face battered women on trial for murder.
Book Synopsis A National Protocol for Sexual Assault Medical Forensic Examinations by :
Download or read book A National Protocol for Sexual Assault Medical Forensic Examinations written by and published by . This book was released on 2004 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Palgrave Handbook of Gendered Violence and Technology by : Anastasia Powell
Download or read book The Palgrave Handbook of Gendered Violence and Technology written by Anastasia Powell and published by Springer Nature. This book was released on 2022-01-01 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women’s and/or Gender Studies.
Book Synopsis A Review of the Literature on Sexual Assault Perpetrator Characteristics and Behaviors by : Sarah Michal Greathouse
Download or read book A Review of the Literature on Sexual Assault Perpetrator Characteristics and Behaviors written by Sarah Michal Greathouse and published by Rand Corporation. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Sexual assault continues to be a pervasive problem, both for society in general and within the military community. To assist the Air Force in its continued efforts to combat sexual assault within its ranks, we reviewed the existing empirical literature on the characteristics and behaviors of adult perpetrators who commit sexual assault against other adults. Our search was not limited to studies of military populations. While a vast majority of the existing literature has focused on sole male perpetrators who assault female victims, we identified some research on other types of perpetrators, including female sexual assault perpetrators, men who perpetrate assault against other men, and perpetrators who participate in group sexual assault. This body of research indicates that adult perpetrators are diverse in terms of their demographics, background characteristics, and motivations. Moreover, research indicates that sexual assault perpetration is likely influenced by a combination of factors, including an individual's developmental and family history; his or her personality, including attitudes/cognitions; and environmental factors, including peer attitudes and alcohol consumption. The complexity of factors that influence sexual assault perpetration and the multiple pathways that lead to an attack make it difficult to predict whether an individual is prone to commit sexual assault. While predicting sexual assault perpetration is problematic, we identified a number of factors related to perpetration that may be relevant for intervention efforts and offer recommendations for the Air Force"--Publisher's web site.
Book Synopsis Domestic Minor Sex Trafficking by : Alexandra Lutnick
Download or read book Domestic Minor Sex Trafficking written by Alexandra Lutnick and published by Columbia University Press. This book was released on 2016-01-12 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The domestic sex trafficking of minors is a problem of growing concern yet little critical attention. This book analyzes the forces behind the sex-trafficking industry in the United States and provides a much-needed reference for practitioners. It adopts a holistic approach, pursuing a nuanced exploration of these young people's experiences, their treatment, and outside efforts to combat sex trafficking. The book features interviews with service providers and experts, and incorporates recent research, thereby mapping the complex factors associated with young people's involvement in trading sex and the social connections that facilitate their behavior. It considers the experiences of both those who "choose" sex work and those who are forced into it by circumstances or third parties, and it discusses the networks of friends and close acquaintances who introduce newcomers to the trade. In addition, it takes a hard look at how local and federal responses to trafficking increase young people's vulnerability to trading sex. Urging policymakers and practitioners to move beyond the simple framework of "rescuing" victims and "punishing" villains, this book calls for policies and programs that focus on the failure of social and cultural systems and respond better to the young people caught in this web.
Book Synopsis Women and the Law in Australia by : Patricia Weiser Easteal
Download or read book Women and the Law in Australia written by Patricia Weiser Easteal and published by Butterworth-Heinemann. This book was released on 2010 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important milestone in the development of legal practice in Australia. The first of its kind, Women and the Law in Australia provides practical advice on dealing with issues in the practice of law that are of specific importance to women. It is intended not just to highlight the problems that women experience with the legal system as defendants, complainants, victims, witnesses and practitioners but also to identify pragmatic steps for solicitors, barristers and policy-makers. The text is a compilation of contributions, with all contributors experts in their area of law, who come from legal practice, academia or government; it explores the cultural and legal context of each topic.
Book Synopsis Intimate Partner Sexual Violence by : Louise McOrmond Plummer
Download or read book Intimate Partner Sexual Violence written by Louise McOrmond Plummer and published by Jessica Kingsley Publishers. This book was released on 2013-10-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intimate Partner Sexual Violence (IPSV) is the most common type of sexual violence and a common component of domestic violence, yet most cases go unreported and service responses are often inadequate. This book brings together advice for all those professionals working with individuals who have experienced IPSV and puts forward recommendations to tackle this prevalent form of sexual violence. With contributions from leading experts on IPSV, Intimate Partner Sexual Violence is a comprehensive guide to the subject which bridges the gap between research and practice. Multidisciplinary and international in approach, the book covers key issues salient to all professionals - the impact of IPSV, reproductive coercion, the physical and psychological indicators, possible consequences of taking a case to court, and best practice service responses. One section also addresses the risks and needs of IPSV victims in different contexts, such as those in same-sex or teenage relationships, immigrant victims, and those living in rural areas or in prison. This is an authoritative resource for all professionals who work with IPSV victims including counselors, social workers, refuge workers, victim advocates, mental health professionals, pastoral workers, lawyers, police, and health practitioners.
