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Criminal Law Commons™

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Sexuality and the Law

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Articles 1 - 4 of 4

Full-Text Articles in Criminal Law

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Dec 2015

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner

Brendan M. Conner

The author provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, …

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Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Dec 2015

Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Brendan M. Conner

The concept of “safe space” for lesbian, gay, bisexual, transgender and queer (“LGBTQ”) young people is one traditionally applied to educators’ responsibilities to create safe havens for LGBTQ students, by creating space for dialogue and addressing name-calling, bullying and harassment. The term is increasingly used in advocacy to reform the child welfare system, particularly in the areas of adopting safer foster care and group home placement, housing classification procedures, and in sensitizing youth-serving professionals. Rarely is an equivalence drawn between reform efforts and the obligation of youth-serving professionals to uphold the legal rights of their clients and increase safety from …

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Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody Nov 2015

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody

Susan L. Brody

No abstract provided.

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Extraterritoriality And The Sexual Conduct Of Australians Overseas, Danielle Ireland-Piper May 2013

Extraterritoriality And The Sexual Conduct Of Australians Overseas, Danielle Ireland-Piper

Danielle Ireland-Piper

In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth).[1]3 The division is entitled ‘Child sex offences outside Australia’ and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of its predecessor (Part IIIA of the Crimes Act 1914) was ‘Child Sex Tourism’. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other that the Australian citizenship or residency of the offender. For example, an Australian citizen who is …

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