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Criminal Law Commons

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Full-Text Articles in Criminal Law

Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block Jan 2021

Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block

Touro Law Review

This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, …


Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro Jan 2021

Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro

Touro Law Review

Nonconsensual condom removal, more popularly known as “stealthing,” exposes victims to potential physical risks such as pregnancy and disease and, as victims make clear, feelings of violation and shame. Such condom removal changes sex from consensual sex into nonconsensual sex. There are currently no laws criminalizing stealthing in the United States. This Note considers possible criminal and civil remedies victims may seek in a court of law. Conditional consent, initial consent to sexual activity that is contingent upon intercourse with a condom and may be revoked once that condom is removed, is a key factor in stealthing cases. Ultimately, this …