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"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk
"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk
Cleveland State Law Review
The Ohio General Assembly has made considerable progress in modernizing the state’s rape laws, eliminating many of the substantive and procedural obstacles to the successful prosecution of criminals. Yet, Ohio’s contemporary sexual offense provisions include vestiges of both the corroboration and resistance requirements. More specifically, the corroboration requirement (1) still applies to the crime of sexual imposition and (2) is used as a grading factor in gross sexual imposition. The resistance requirement (1) has been eliminated from rape and gross sexual imposition, but not sexual battery and sexual imposition, and (2) the wording of the existing resistance-elimination provisions is legally …
The Laboratory Of Judicial Debate: Examining A Commodity Based Approach To Punishing Sex Offences, Lucas R. Franklin
The Laboratory Of Judicial Debate: Examining A Commodity Based Approach To Punishing Sex Offences, Lucas R. Franklin
Cleveland State Law Review
This Note will examine commodity theory as a system for assigning punishment for sexual offenses in the context of the 2007 circuit split over defining “crime of violence” under § 2L1.2 of the Sentencing Guidelines. Part II will discuss the problem of punishing sex offenses and describe Donald Dripps' proposed commodity theory solution. Part III will discuss criticisms of using commodity theory as a basis for punishing sexual offenses. Part IV will provide background information on the U.S. Sentencing Guidelines generally and § 2L1.2 of the Guidelines specifically and explain why the circuit split serves as an ideal opportunity to …
Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs
Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs
Cleveland State Law Review
This Note argues that an erection under these circumstances does not indicate consent to engage in sexual activity. Part II of this Note explores the reality of male sexual assault and offers various medical, psychological, sociological, and cultural reasons to explain why a male victim may maintain an erection while being sexually assaulted and/or raped. Part II also explores the complex relationship between physical arousal and sexual desire. Part III provides a legal background to both the law's treatment of male sexual assault generally and in specific instances where the male victim maintained an erection during his assault. This part …