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Articles 1 - 16 of 16
Full-Text Articles in Criminal Law
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Linda A. Malone
No abstract provided.
The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili
The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili
SJD Dissertations
Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.
The …
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Northwestern University Law Review
Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell
Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell
Akron Law Review
While the struggle for affirmative consent is typically framed as a feminist law reform project, I contend that we need to understand the legal elaboration of a positive and explicit consent standard in relation to wider shifts in governance. The second section of this article explores how the legal elaboration of affirmative consent in Canadian law might be seen as a specific expression of neoliberal governmentality, forging new normative sexual subjects who interact within a transactional sexual economy. In section three, I demonstrate how discourses of responsibilization and risk management inform recent Canadian sexual assault decisions, constituting the ideal victim …
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Pace International Law Review
The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …
U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne
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 …
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria
Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria
Ateneo School of Law Publications
While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.
In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Publications
Italian law requires rape victims to make a formal request that the state prosecute the alleged rapist. This request is called a querela and without such a request prosecution does not proceed, though there are some exceptions. In addition, the request for prosecution is irrevocable; the victim cannot withdraw her request for prosecution. Italian law has included the querela requirement for over one hundred years. It was included in the Zanardelli Code of 1889,3 the first Penal Code of unified Italy, maintained in the Rocco Code of 1930, the Penal Code of Fascist Italy, and-after a great deal of controversy-the …
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
San Diego International Law Journal
This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …
The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers
Faculty Scholarship
No abstract provided.
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
Vanderbilt Journal of Transnational Law
This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Faculty Publications
No abstract provided.