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Challenging Bosnian Women’S Identity As Rape Victims, As Unending Victims: The ‘Other’ Sex In Times Of War, Olivera Simić

Journal of International Women's Studies

In this paper I reflect on my attendance of the Women’s Worlds 2011 congress held in Ottawa, Canada. I analyze responses of the international feminist audience to the paper I presented during the congress. The paper offered an analysis of the empirical data collected during my fieldwork in Bosnia and Herzegovina (BiH) in 2008 and was concerned with Bosnian women and their sexual relationships with peacekeepers during the war and in post conflict BiH. I argue that because of an almost exclusive focus on mass rapes endured by Bosnian women during the war and a vast feminist literature focused on …

Public Perceptions Regarding Sex Offenders And Sex Offender Management, Jessica Duncan

Electronic Theses and Dissertations

This study was an observation of the public's knowledge and perceptions on sex offenders, sex offenses, and sex offender management policies. A self-administered questionnaire was used to collect data from 282 students at East Tennessee State University. Along with the basic demographic variables, respondent's field of study was measured as a main independent variable. For example, it was hypothesized that students studying within the criminal justice field would hold more accurate beliefs concerning the sex offender population. Overall, the study proved to be statistically insignificant. Multivariate analysis did show, however, that certain demographic variables were more predictive in determining an …

Appellate Division, First Department - People V. Martinez, Jean K. Delisle

Touro Law Review

No abstract provided.

Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Effects Of The Men’S Program On U.S. Army Soldiers’ Intentions To Commit And Willingness To Intervene To Prevent Rape: A Pretest Posttest Study., John D. Foubert, Ryan C. Masin

John D. Foubert

Non-commissioned male officers in the U.S. Army stationed in Germany were trained to present a one-hour rape prevention workshop, The Men’s Program, to 237 enlisted male soldiers. A comparison group of 244 male soldiers received a briefing focused on reducing the individual’s risk for experiencing sexual assault, discussion of myths and facts about sexual assault, and how to avoid being accused of sexual assault. Participants in The Men’s Program experienced significant change in the predicted direction for bystander willingness to help, bystander efficacy, rape myth acceptance, likelihood of raping, and likelihood of committing sexual assault with low to medium effect …

Corrective Rape In South Africa: A Continuing Plight Despite An International Human Rights Repsonse, Roderick Brown

Annual Survey of International & Comparative Law

First, this paper will discuss the historical and societal basis for corrective rape, then, its scope and presence globally. Subsequently, the paper will introduce the laws and policies that should address the problem of corrective rape, and how the South African state and citizens violate them, including, first, the international human rights framework that existed before corrective rape came into the spotlight; then, it will address the recent developments that were instituted in response to violations of LGBTI rights globally. Finally, the paper will provide specific laws and policies that should be implemented in order to provide effective and durable …

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.

Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried

Pepperdine Law Review

No abstract provided.

Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad

Pepperdine Law Review

No abstract provided.

No Penetration—And It's Still Rape, Lundy Langston

Pepperdine Law Review

No abstract provided.

Making Sex The Same: Ending The Unfair Treatment Of Males In Family Law, Myrisha S. Lewis

Faculty Publications

No abstract provided.

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

Court Of Appeals Of New York - People V. Fuentes , Pamela Cullington

Touro Law Review

No abstract provided.

All Is Fair In War---Violent Conflict And The Securitization Of Rape, Sabine Hirschauer

Graduate Program in International Studies Theses & Dissertations

Systematic mass rape during conflict has for centuries met with global ignorance and political complacency despite its atrocious character. The conflicts in Bosnia and Rwanda in the 1990s altered the silence surrounding this long tolerated, dark underbelly of war. Applying Barry Buzan's and Ole Waever'sSecuritization Theory to the cases of Bosnia and Rwanda, this dissertation finds that rape during both wars was successfully securitized. Securitization Theory as a model and indicator of an effective shifting of rape from an apolitical or political perspective into the security realm was appropriate. Bosnia initiated the first convictions of rape as a …

Living In The Shadows Of Past Atrocities: War Babies Of Bosnia, Lina Strupinskiene

Wagadu: A Journal of Transnational Women's & Gender Studies

For centuries rape has been considered as an inherent part of war-culture, as a natural expression of hatred, and as a way for soldiers to release sexual energy. After the recent atrocities committed by Serbian forces in Bosnia however, it became recognized as having the capacity of a weapon of war and even as a tool for genocide. Women were attacked due to their reproductive ability, aiming to impregnate them with Serb babies. This has led to recent attention to children born of war and attempts to establish their status as victims of human rights violations. Current research is challenged …

An Appraisal Of Rwanda’S Response To Survivors Who Experienced Sexual Violence In 1994, Chitra Nagarajan

Wagadu: A Journal of Transnational Women's & Gender Studies

Over a million people were killed in 1994 during Rwanda’s genocide and war, with many women compelled to ‘offer’ sex, raped, held in collective or individual sexual slavery and mutilated. An estimated 250 000 to 500 000 women still alive were raped between 1990 and 1994, 30 000 pregnancies resulted from rape and the 67% of survivors considered HIV positive continue to suffer the consequences of wartime sexual violence (Wells, 2004-2005). Countless women now live with serious illnesses, pain or injury, unable to provide for families. The level of trauma is severe, compounded by shame, exclusion, stigma, survivor’s guilt and …

Victim-Blaming: A New Term For An Old Trend, Julia Churchill Schoellkopf

Lesbian Gay Bisexual Transgender Queer Center

Victim-blaming is a phenomenon that has been happening since at least the beginning of recorded history but has only recently been identified as a dynamic used to empower the criminal and maintain the status quo. Victim-blaming is perpetuated by sexism, the Just World Theory, cognitive biases, and the theories of self-blame. Victim-blaming occurs when the victim of a crime or abuse is held partly or entirely responsible for the actions committed against them. In other words, the victims are held accountable for the maltreatment they have been subjected to. Perpetrators of crimes for which they blame the victim commonly enjoy …

The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher

Indiana Law Journal

What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …

Rape Myth Acceptance And Rape Attitudes In Campus Hook-Up Culture, Karolina Staros

Masters Theses

This study examines the norms of hooking-up and compares these norms to rape culture in order to measure rape myth acceptance or supportive attitudes towards rape as they manifest in hook-up culture on campus. By consulting what is already published in scholarship about rape culture and rape myths, this study builds on the very limited literature on hook-up culture.

This study uses mixed methods to inquire about norms of hook-up culture and measures the rape myth acceptance and rape attitudes by gender of respondents in a Midwest campus environment. By addressing the issues that students face with gender inequality and …

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …

Anonymous Reporting Of Sexual Assault Using Internet Technology, Janette A. Bertness

Janette A Bertness

Abstract: This paper will discuss the current status of rape and sexual assault in the United States, problems associated with using scientific evidence to prosecute offenders, and suggest a method of anonymous reporting to boost prosecution and conviction of serial offenders.

The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian

Pepperdine Law Review

No abstract provided.

The Failure Of The Tribal Law And Order Act Of 2010 To End The Rape Of American Indian Women, Samuel D. Cardick

Saint Louis University Public Law Review

No abstract provided.

Women In The Aftermath Of The 2010 Haitian Earthquake, Benedetta Faedi Duramy

Publications

This Article examines women’s and girls’ struggles in the aftermath of the Haitian earthquake. In particular, it focuses on the grievous conditions in the displacement camps that foster gender-based violence and abuse, often perpetrated by members of armed groups or prison escapees. Indeed, the lack of lighting, private sanitary facilities, secure shelters, and police patrols in the encampment areas endanger women’s and girls’ safety. The devastation and traumatic loss of family and community members following the earthquake further affect women’s resilience and increase their vulnerability to abuse and sexual violence. By examining the conditions and risks faced by women and …

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto

Michigan Journal of Gender & Law

The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Ryan S. Lincoln

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …

Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala

University of Michigan Journal of Law Reform Caveat

One in three Native American women has been raped or has experienced an attempted rape. Federal officials also failed to prosecute 75% of the alleged sex crimes against women and children living under tribal authority. The Senate bill to reauthorize the 1994 Violence Against Women Act (VAWA) could provide appropriate recourse for Native American women who are victims of sexual assault. This bill (S. 1925), introduced in 2011, would grant tribal courts the ability to prosecute non-Indians who have sexually assaulted their Native American spouses and domestic partners. Congress has quickly reauthorized the Violence Against Women Act twice before. But …

Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria

Ateneo School of Law Publications

While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.

In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …

False Convictions, Phoebe C. Ellsworth, Samuel R. Gross

Book Chapters

False convictions have received a lot of attention in recent years. Two-hundred and forty-one prisoners have been released after DNA testing has proved their innocence, and hundreds of others have been released without DNA evidence. We now know quite a bit more about false convictions than we did thirty years ago - but there is much more that we do not know, and may never know.