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Full-Text Articles in Law

Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner Nov 2010

Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner

Pace Law Review

No abstract provided.


Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards Sep 2010

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 Sep 2010

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 …


Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson Jan 2010

Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson

Publications and Research

No abstract provided.


From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy Jan 2010

From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy

Publications

Much of the current scholarship, as well as international policy studies focusing on civil conflicts and armed violence, has primarily construed women as victims and men as perpetrators of violence. Although this prevalent interpretation certainly reflects conventional wisdom and tells part of a true war story, the remainder, which has been very much less publicized and addressed, also perceives women as participants in violence and men occasionally as victims. This Article joins the chorus of scholars that have only recently begun to highlight the flaws of this common belief and conversely, describe female participation in conflict and armed violence, often …