Law Commons^™

Pulling The Trigger: Separation Violence As The Basis For Battered Women, Marisa Cianciarulo, Dr. Cladia David

Marisa S. Cianciarulo

Maria Elena fears for her life. For years she has lived under the rule of a despot intent on maintaining absolute control of his realm. As a member of a historically oppressed tribe with few political rights, Maria Elena is a prime target for the dictator’s calculated methods of maintaining control. He has randomly imprisoned, tortured, beaten, and threatened to kill Maria Elena over a period of several years. The torture is worse when Maria Elena takes any action that challenges the despot’s absolute authority.

In this scenario, the classic refugee described above would apply for refugee protection in the …

What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …