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Articles 1 - 14 of 14
Full-Text Articles in Criminal Law
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
Cornell Law Library Prize for Exemplary Student Research Papers
Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …
Husbands Who Drug And Rape Their Wives: The Injustice Of The Marital Exemption In Ohio’S Sexual Offenses, Patricia J. Falk
Husbands Who Drug And Rape Their Wives: The Injustice Of The Marital Exemption In Ohio’S Sexual Offenses, Patricia J. Falk
Law Faculty Articles and Essays
This article argues that Ohio's marital rape exemption fails to vindicate the sexual autonomy and physical integrity of all persons in the state to be free from non-consensual sexual conduct. This protection from unwanted, non-consensual sexual violation should be afforded to Ohioans regardless of the victim's marital relationship to the perpetrator. Furthermore, the state's sexual offense provisions are plagued with inconsistencies and illogical distinctions with respect to the marital immunity. Ohio's partially abolished marital exemption cannot be justified under any coherent theory of justice, appears to survive merely due to inertia, and certainly does not serve the best interests of …
License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone
License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone
Akron Law Review
This Article proposes that courts change the way in which they adjudicate Title VII disputes by evaluating the harm avoidance demonstrated by plaintiffs and employers in light of the totality of what each party knew or should have known about the potential harm, and what each party did or could have done to prevent it. Specifically, this Article is premised on the ideas that 1) harassment complaints are, typically, initially dealt with internally; often, an employer will remediate reported harassment by ordering or granting a transfer to separate a harasser and his victim; and 2) many harassers are, in fact …
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
Akron Law Review
This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty five years, there has been a steady erosion of the due process rights of those accused of rape. I have designated the first stage of “reforms,” which affected the arrest, pretrial, and trial phases of rape prosecutions, as the First Wave of rape reform. The Second Wave are the more recent changes in the law that have focused on measures, such as sexual registry or civil commitment statutes, that …
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
Akron Law Review
This essay explores the new rape exceptionalism. My thesis holds that rape exceptionalism is rooted in a divide between elite opinion, reflected in statutes, court decisions, and academic commentary, and popular opinion, as reflected in jury verdicts. Elite opinion values sexual autonomy and suspects, when it does not despise, sexual aggression. Popular opinion supposes that sexual autonomy may be forfeited by female promiscuity or flirtation, and views male sexual aggression as natural, if not indeed admirable...pressions of consent,8 is an academic exercise. If we really want to normalize rape law, we must bypass the jury openly. We can’t conceal the …
Constructing Consent: Legislating Freedom And Legitimating Constraint In The Expression Of Sexual Autonomy, Vanessa E. Munro
Constructing Consent: Legislating Freedom And Legitimating Constraint In The Expression Of Sexual Autonomy, Vanessa E. Munro
Akron Law Review
In the first section, the nature and parameters of the conventional understanding of consent will be examined in more detail and the contemporary challenges that have been lodged against it – particularly from those influenced by structural, post-structural, and communitarian analyses – will be considered. With the terrain of these debates on consent – and related concepts such as autonomy, agency, and self-determination – in place, the second section of this article will focus specifically upon their implications in the context of sexual consent in general, and women’s sexual consent in particular. It will outline the development of the Sexual …
The Trouble With Drink: Intoxication, (In)Capacity, And The Evaporation Of Consent To Sex, Dr. Sharon Cowan
The Trouble With Drink: Intoxication, (In)Capacity, And The Evaporation Of Consent To Sex, Dr. Sharon Cowan
Akron Law Review
The paper explores the contemporary concerns surrounding issues of intoxicated consent in cases of rape, particularly as expressed in U.K. case law, statute, and government policy. During the course of this paper, I will examine recent research on the problematic role of alcohol in sexual assault before going on to discuss specific policy and legislative responses to the problem of intoxicated consent. I will also engage in a close reading of several recent rape cases in the U.K. in which the capacity of the intoxicated complainant to consent to sexual intimacy has been of central concern. The paper deals only …
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 …
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Akron Law Review
Social change, to be sure, is not necessarily bad. But what if affirmative consent is not biologically or psychologically sound and, for that reason, women do not even desire it? Questioning the idea that increasing women’s power will be desirable even if not founded on the “the truth,” I ask: Can and should women — to say nothing of men — say “no” to affirmative consent? I examine this question in two parts. Part I evaluates the sexual environment today from which affirmative consent has arisen. Part II deals specifically with affirmative consent.
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty
Akron Law Review
Introduction to the Symposium focusing on issues arising from determining when sex is the product of free choice, when it is the result of force, and the legal and philosophical implications arising from those issues. To introduce this Symposium, I first discuss the issues related to the crime of rape, the idea of sexual autonomy, and the concept of affirmative consent to sex. Then, I briefly summarize the symposium authors’ various approaches to these topics.
The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik
The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik
Akron Law Review
The time that has since passed allows for a more comprehensive evaluation of the cultural meaning of the Duke Rape case. This is the goal of the newly released “Institutional Failures,” which constitutes a point of departure for this review. The aim of this article is first to clarify the contribution this book makes to an understanding of the case. I will describe and analyze the content of the nine essays that make up the book; I will make reference to related works, and I will offer a concluding evaluation of the book’s likely impact.
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Anti-Rape Culture, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …