Law Commons^™

Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston

Electronic Theses and Dissertations

By evaluating the case recommendations following a preliminary hearing from military sexual assault cases from fiscal years 2016-2018, this study aims to assess whether or not extralegal factors are influencing decisions of case recommendations of assigned convening authorities. Using secondary data from the Department of Defense’s annual reports on sexual assault in the United States military (n=5,171), this study aims to answer the following questions: Do extralegal factors contribute to convening authorities’ recommendations following Article 32 hearings? If so, what extralegal factors contribute to convening authority's decision on non-judicial hearing recommendations? The results of the following analyses identified several extralegal …

The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli

Washington and Lee Law Review Online

If a rape victim becomes pregnant following the attack, she has three options: abort the pregnancy, place the child for adoption, or keep and raise the child. However, by requiring proof of conviction of rape to terminate the parental rights of the man who fathered that child through his rape, the Commonwealth of Virginia imposes a substantial burden on a victim weighing those options. To obtain a conviction under the current scheme, a victim, through her local prosecutor, has to prove to a jury that the accused committed the rape beyond a reasonable doubt. The Commonwealth requires proof of conviction …

He Said, She Said: Plausible Pleadings For Reverse Title Ix Claims, James Bunster

Touro Law Review

No abstract provided.

I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter

Touro Law Review

No abstract provided.

Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies, Caroline Palmer

Mitchell Hamline Law Review

No abstract provided.

Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik

Touro Law Review

No abstract provided.

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole

Faculty Scholarship

This short piece examines changes from prior drafts in the most recent draft (Preliminary Draft No. 6) of the American Law Institute's project on sexual assault law.

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …

Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave

Articles

This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …

The Inhospitable Court, Elaine Craig

Articles, Book Chapters, & Popular Press

Who speaks and with what authority, who is believed, what evidence is introduced, and how it is presented, is informed not only by the substantive law and the rules of evidence but also by the rituals of the trial. It is from this legal process as a whole that a judge or jury determines the (legal) ‘truth’ about a woman’s allegation of rape. A sexual assault complainant’s capacity to be believed in court, to share in the production of meaning about an incidence of what she alleges was unwanted sexual contact, requires her to play a part in certain rituals …

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb

Sherry Colb

No abstract provided.

U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne

Allison Rogne

It is a well-established principle, both domestically and internationally, that rape is torture when suffered as part of confinement. It is also well documented, both domestically and internationally, that rape is rampant in U.S. prisons. And it is well established, both domestically and internationally, that those who torture should not do so with impunity, that that impunity is an affront to civilization and the human rights principles to which we all strive. And yet, in U.S. prisons, shocking numbers of women are systematically raped and sexually abused by those that would rehabilitate them. Female prisoners are victims of vaginal and …

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

Pepperdine Law Review

No abstract provided.

Forgetting Freud: The Courts' Fear Of The Subconscious In Date Rape (And Other) Criminal Cases, Andrew E. Taslitz

ExpressO

Courts too often show a reluctance to learn the lessons taught by social science in criminal cases, especially where subconcious processes are involved. The subconscious is seen as rarely relevant and, in the unusual cases where it is relevant, it is viewed as a disease commandeering the conscious mind and thus helping to exculpate the accused. Drawing on the example of forensic linguistics in date rape cases as illustrative of a broader phenomenon, this article argues that the courts' misuse of social science stems from fear and misunderstanding of the workings of the subconscious mind. Accordingly, the piece contrasts the …

Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk

Law Faculty Articles and Essays

The methods by which human beings accomplish nonconsensual sexual activity with fellow humans are almost limitless. They use physical force; they beat, choke, and knock their victims unconscious. They kidnap and restrain them. They use weapons and threats of immediate force to subdue their quarry. They come in groups with the superior strength of their number. They exploit the element of surprise. They coerce, extort, and blackmail others into sexual submission. They lie, pretend, impersonate, and defraud, trapping the unwary in webs of deceit. They victimize mentally ill, mentally disabled, physically weak, and physically incapacitated persons. They abuse their positions …

Preventing Summary Judgment Against Inmates Who Have Been Sexually Assaulted By Showing That The Risk Was Obvious, Brian Saccenti

Maryland Law Review

No abstract provided.

Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker

Articles

No abstract provided.

Search And Seizure, Supreme Court, Bronx County: People V. Johnson

Touro Law Review

No abstract provided.

Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Review Essay. What Makes Rape A Crime?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.