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Full-Text Articles in Law
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Golden Gate University Law Review
This comment will show that courts have construed the "force" element to exclude a broad range of coercive conduct. This application perpetuates rape myths and enables assailants to use a broad range of force without the act being legally recognized as "rape." Part I explains the development of rape jurisprudence to illustrate how the law has evolved to emphasize the "force" element. Part II examines rape myths that affect the courts' application of the "force" element. The purpose of this section is to dispel the "violent stranger" rape myth and to illustrate that the most typical "force" used by perpetrators …
Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant
Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant
Golden Gate University Law Review
This paper will attempt to show the criminal law has permitted homicide when committed in order to prevent crimes which threaten harm so severe and permanent as to be incapable of repair through subsequent legal proceedings. Rape has consistently been regarded as such a crime. The paper will identify the interests which rape has been seen to threaten as those interests which derive their significance from a social system in which women are the property of men. It will argue that, to the extent changing social values have reduced the significance of those interests, they are no longer adequate to …