Implied Consent and Sexual Assault

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 077359793X
Total Pages : 280 pages
Book Rating : 4.7/5 (735 download)

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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.

Core Concepts in Criminal Law and Criminal Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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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.

Estimating the Incidence of Rape and Sexual Assault

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Publisher : National Academies Press
ISBN 13 : 9780309297370
Total Pages : 0 pages
Book Rating : 4.2/5 (973 download)

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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.

Putting Trials on Trial

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773553010
Total Pages : 217 pages
Book Rating : 4.7/5 (735 download)

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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.

Representing Rape

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Publisher : Routledge
ISBN 13 : 1134627653
Total Pages : 188 pages
Book Rating : 4.1/5 (346 download)

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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.

Texts of Terror

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Publisher :
ISBN 13 : 9780334029007
Total Pages : 128 pages
Book Rating : 4.0/5 (29 download)

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Book Synopsis Texts of Terror by : Phyllis Trible

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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

A National Protocol for Sexual Assault Medical Forensic Examinations

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Author :
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.:/5 (327 download)

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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:

Colonizing Consent

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Publisher : Cambridge University Press
ISBN 13 : 110847280X
Total Pages : 381 pages
Book Rating : 4.1/5 (84 download)

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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.

Captive Prince

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Author :
Publisher : Penguin
ISBN 13 : 0425274268
Total Pages : 305 pages
Book Rating : 4.4/5 (252 download)

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Book Synopsis Captive Prince by : C. S. Pacat

Download or read book Captive Prince written by C. S. Pacat and published by Penguin. This book was released on 2015-04-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: From global phenomenon C. S. Pacat comes the first novel in her critically acclaimed Captive Prince romance trilogy—includes an exclusive bonus story! Damen is a warrior hero to his people, and the rightful heir to the throne of Akielos. But when his half brother seizes power, Damen is captured, stripped of his identity, and sent to serve the prince of an enemy nation as a pleasure slave. Beautiful, manipulative, and deadly, his new master, Prince Laurent, epitomizes the worst of the court at Vere. But in the lethal political web of the Veretian court, nothing is as it seems, and when Damen finds himself caught up in a play for the throne, he must work together with Laurent to survive and save his country. For Damen, there is just one rule: never, ever reveal his true identity. Because the one man Damen needs is the one man who has more reason to hate him than anyone else...

A Review of the Literature on Sexual Assault Perpetrator Characteristics and Behaviors

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Author :
Publisher : Rand Corporation
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4./5 ( download)

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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.

Defending Battered Women on Trial

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Publisher : UBC Press
ISBN 13 : 0774826533
Total Pages : 493 pages
Book Rating : 4.7/5 (748 download)

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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 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.

Responding to Intimate Partner Violence and Sexual Violence Against Women

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Author :
Publisher : World Health Organization
ISBN 13 : 9241548592
Total Pages : 66 pages
Book Rating : 4.2/5 (415 download)

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Book Synopsis Responding to Intimate Partner Violence and Sexual Violence Against Women by : World Health Organization

Download or read book Responding to Intimate Partner Violence and Sexual Violence Against Women written by World Health Organization and published by World Health Organization. This book was released on 2013 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: A health-care provider is likely to be the first professional contact for survivors of intimate partner violence or sexual assault. Evidence suggests that women who have been subjected to violence seek health care more often than non-abused women, even if they do not disclose the associated violence. They also identify health-care providers as the professionals they would most trust with disclosure of abuse. These guidelines are an unprecedented effort to equip healthcare providers with evidence-based guidance as to how to respond to intimate partner violence and sexual violence against women. They also provide advice for policy makers, encouraging better coordination and funding of services, and greater attention to responding to sexual violence and partner violence within training programmes for health care providers. The guidelines are based on systematic reviews of the evidence, and cover: 1. identification and clinical care for intimate partner violence 2. clinical care for sexual assault 3. training relating to intimate partner violence and sexual assault against women 4. policy and programmatic approaches to delivering services 5. mandatory reporting of intimate partner violence. The guidelines aim to raise awareness of violence against women among health-care providers and policy-makers, so that they better understand the need for an appropriate health-sector response. They provide standards that can form the basis for national guidelines, and for integrating these issues into health-care provider education.

Responding to Children and Adolescents who Have Been Sexually Abused

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Author :
Publisher :
ISBN 13 : 9789241550147
Total Pages : 0 pages
Book Rating : 4.5/5 (51 download)

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Book Synopsis Responding to Children and Adolescents who Have Been Sexually Abused by : World Health Organization

Download or read book Responding to Children and Adolescents who Have Been Sexually Abused written by World Health Organization and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual abuse of children and adolescents is a gross violation of their rights and a global public health problem. It adversely affects the health of children and adolescents. Health care providers are in a unique position to provide an empathetic response to children and adolescents who have been sexually abused. Such a response can go a long way in helping survivors recover from the trauma of sexual abuse. WHO has published new clinical guidelines Responding to Children and Adolescents Who Have Been Sexually Abused aimed at helping front-line health workers, primarily from low resource settings, in providing evidence-based, quality, trauma-informed care to survivors. The guidelines emphasize the importance of promoting safety, offering choices and respecting the wishes and autonomy of children and adolescents. They cover recommendations for post-rape care and mental health; and approaches to minimizing distress in the process of taking medical history, conducting examination and documenting findings.

Domestic Minor Sex Trafficking

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Author :
Publisher : Columbia University Press
ISBN 13 : 0231540833
Total Pages : 198 pages
Book Rating : 4.2/5 (315 download)

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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.

Sexual Assault in Canada

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Author :
Publisher : University of Ottawa Press
ISBN 13 : 0776619772
Total Pages : 833 pages
Book Rating : 4.7/5 (766 download)

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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.

Women and the Law in Australia

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Author :
Publisher : Butterworth-Heinemann
ISBN 13 : 9780409325959
Total Pages : 538 pages
Book Rating : 4.3/5 (259 download)

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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.