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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 2015-11-01 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 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.
Book Synopsis Putting Trials on Trial by : Elaine Craig
Download or read book Putting Trials on Trial written by Elaine Craig and published by McGill-Queen's Press - MQUP. This book was released on 2018-02-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
Author :Panel on Measuring Rape and Sexual Assault in Bureau of Justice Statistics Household Surveys Publisher :National Academies Press ISBN 13 :9780309297370 Total Pages :0 pages Book Rating :4.2/5 (973 download)
Book Synopsis Estimating the Incidence of Rape and Sexual Assault by : Panel on Measuring Rape and Sexual Assault in Bureau of Justice Statistics Household Surveys
Download or read book Estimating the Incidence of Rape and Sexual Assault written by Panel on Measuring Rape and Sexual Assault in Bureau of Justice Statistics Household Surveys and published by National Academies Press. This book was released on 2014-06-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bureau of Justice Statistics' (BJS) National Crime Victimization Survey (NCVS) measures the rates at which Americans are victims of crimes, including rape and sexual assault, but there is concern that rape and sexual assault are undercounted on this survey. BJS asked the National Research Council to investigate this issue and recommend best practices for measuring rape and sexual assault on their household surveys. Estimating the Incidence of Rape and Sexual Assault concludes that it is likely that the NCVS is undercounting rape and sexual assault. The most accurate counts of rape and sexual assault cannot be achieved without measuring them separately from other victimizations, the report says. It recommends that BJS develop a separate survey for measuring rape and sexual assault. The new survey should more precisely define ambiguous words such as "rape," give more privacy to respondents, and take other steps that would improve the accuracy of responses. Estimating the Incidence of Rape and Sexual Assault takes a fresh look at the problem of measuring incidents of rape and sexual assault from the criminal justice perspective. This report examines issues such as the legal definitions in use by the states for these crimes, best methods for representing the definitions in survey instruments so that their meaning is clear to respondents, and best methods for obtaining as complete reporting as possible of these crimes in surveys, including methods whereby respondents may report anonymously. Rape and sexual assault are among the most injurious crimes a person can inflict on another. The effects are devastating, extending beyond the initial victimization to consequences such as unwanted pregnancy, sexually transmitted infections, sleep and eating disorders, and other emotional and physical problems. Understanding the frequency and context under which rape and sexual assault are committed is vital in directing resources for law enforcement and support for victims. These data can influence public health and mental health policies and help identify interventions that will reduce the risk of future attacks. Sadly, accurate information about the extent of sexual assault and rape is difficult to obtain because most of these crimes go unreported to police. Estimating the Incidence of Rape and Sexual Assault focuses on methodology and vehicles used to measure rape and sexual assaults, reviews potential sources of error within the NCVS survey, and assesses the training and monitoring of interviewers in an effort to improve reporting of these crimes.
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 192 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.
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.
Download or read book Violated written by Julie L Fennell and published by . This book was released on 2024-07-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Sexual consent as straightforward, easy, and simple to obtain has become a hallmark of social activism and socially conscious conversation around rape and sexual assault; however, sexual consent often isn't straightforward and simple. Otherwise, we wouldn't need to be having so many long and complicated conversations about it. There are flagrant sexual consent violations that happen all the time, but society and the law are most likely to ignore them. Violated: Sexual Consent and Assault in the 21st Century zeroes in on three main issues that desperately need correcting in our cultural conversations about consent. The first of these is the vision that society and the law have about the meaning of sexual "consent" for men and women, such that women's bodies are regarded as sexually fragile and their sexual consent as precious, while men's bodies are regarded as sexually utilitarian and their consent as irrelevant. The second is our social and legal failure to recognize that some types of sexual assault are worse than others, or to understand that the intentions of the violator matter. Third is the problematic way that activists have ended up eschewing the law and the criminal justice system and use a social version of "self-help" to reform; yet there are many specific legal reforms pertaining to consent and sexual assault that are desirable and necessary for social, cultural, and ethical reasons. Broken into two parts, Violated explains and identifies the social problems that underlie issues of consent and sexual violation, and how they have emerged over time; it then proposes specific social, cultural, and legal reforms to help reduce consent violation. These proposed changes include everything from improving formal sexual education to banning single-sex fraternity houses to clarifying the legal perspective about the mens rea (mental states) required of perpetrators (and survivors) in cases of sexual assault"--
Book Synopsis Voices of the Survivors by : Patricia Weiser Easteal
Download or read book Voices of the Survivors written by Patricia Weiser Easteal and published by Spinifex Press. This book was released on 1994 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful and moving stories from survivors of sexual assault.
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 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:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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 Violence of Care by : Sameena Mulla
Download or read book The Violence of Care written by Sameena Mulla and published by NYU Press. This book was released on 2014-08-29 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year in the U.S., thousands of women and hundreds of men participate in sexual assault forensic examinations. Sameena Mulla reveals the realities of sexual assault response in the forensic age. She analyzes the ways in which nurses work to collect and preserve evidence while addressing the needs of sexual assault victims as patients.Mulla argues that blending the work of care and forensic investigation into a single intervention shapes how victims of violence understand their own suffering, recovery, and access to justice-in short, what it means to be a "victim".
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 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 2014 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 trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Download or read book More Than Two written by Franklin Veaux and published by Thorntree Press, LLC. This book was released on 2014-09-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can you love more than one person? Have multiple romantic partners, without jealousy or cheating? Absolutely! Polyamorous people have been paving the way, through trial and painful error. Now there's the new book More Than Two: A practical guide to ethical polyamory to help you find your own way.
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.
