Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Domestic Violence (3)
- Rape (2)
- Sex Offenders (2)
- Violence Against Women (2)
- Women Criminals (2)
-
- Abused Women (1)
- Actual Innocence (1)
- Assault and Battery (1)
- Black Women (1)
- Child Abuse (1)
- Child Sexual Abuse (1)
- Coercion (1)
- Coercion (Law) (1)
- Contraception (1)
- Crimes Against Black Women (1)
- Criminal Justice System (1)
- Criminal Law (1)
- Disparate Impact (1)
- Evidence (Law) (1)
- Expert Evidence (1)
- Feminist Theory (1)
- Forensic Sciences (1)
- Hate Crimes (1)
- Homophobia (1)
- Human Rights Treaties (1)
- Human Smuggling (1)
- Institutional Racism (1)
- International Criminal Court (1)
- International Law (1)
- Interspousal Immunity (1)
Articles 1 - 13 of 13
Full-Text Articles in Law and Gender
Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn
Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn
William & Mary Journal of Race, Gender, and Social Justice
Shaken Baby Syndrome (SBS) is a controversial diagnosis and an even more controversial basis for conviction. The syndrome is questioned by scientists and doctors who have yet to come to a consensus on its diagnosis. Courts have permitted SBS evidence to be admitted in criminal trials, and many people have been convicted solely on the basis of this controversial diagnosis. This Note seeks to analyze the history of SBS, the conflicts in the medical and scientific community, standards of evidence that permit its admission in court, and how all of these factors converge in a way that disproportionately impacts women …
Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho
Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho
William & Mary Journal of Race, Gender, and Social Justice
Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to “correct” the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect with systemic racism, producing a disproportionate impact on Black, queer, womxn. While the legal framework has evolved to better address sexual violence crimes, Black lesbians remain prone to falling through the legal cracks, and South African society continues to sanction the homophobia and misogyny that …
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
William & Mary Journal of Race, Gender, and Social Justice
The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
William & Mary Journal of Race, Gender, and Social Justice
In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …
The "Victim-Perpetrator" Dilemma: The Role Of State Safe Harbor Laws In Creating A Presumption Of Coercion For Human Trafficking Victims, Matthew Myatt
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin
"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining
No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining
William & Mary Journal of Race, Gender, and Social Justice
This Article considers the impact of a hypothetical nonconsensual pornography victim’s previous sexual history on potential legal remedies, both criminal and civil. Due to jury bias and the difficulty in proving standard elements of many claims, the research shows that such a victim would likely be unsuccessful in court. This Article then turns to two legal concepts from related fields—the incremental harm doctrine and rape shield laws—and considers what effect their application would have on the hypothetical victim’s case. Ultimately, the author presents an argument for the logical expansion of rape shield laws to cases of nonconsensual pornography.
The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg
The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld
The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Coercing Pregnancy, A. Rachel Camp
Coercing Pregnancy, A. Rachel Camp
William & Mary Journal of Race, Gender, and Social Justice
Intimate partners coerce thousands of women in the United States into pregnancy each year through manipulation, threats of violence, or acts that deliberately interfere with the use of, or access to, contraception or abortion. Although many of these pregnancies occur within the context of otherwise abusive relationships, for others, pregnancy serves as a trigger for intimate partner violence. Beyond violence preceding or resulting from pregnancy, women who experience coerced pregnancies often suffer other physical, financial and emotional harms. Despite its correlation to domestic violence, reproductive coercion fits imperfectly, if at all, within our existing laws designed to combat domestic violence …
Judicial Patriarchy And Domestic Violence: A Challenge To The Conventional Family Privacy Narrative, Elizabeth Katz
Judicial Patriarchy And Domestic Violence: A Challenge To The Conventional Family Privacy Narrative, Elizabeth Katz
William & Mary Journal of Race, Gender, and Social Justice
According to the conventional domestic violence narrative, judges historically have ignored or even shielded “wife beaters” as a result of the patriarchal prioritization of privacy in the home. This Article directly challenges that account. In the early twentieth century, judges regularly and enthusiastically protected female victims of domestic violence in the divorce and criminal contexts. As legal and economic developments appeared to threaten American manhood and traditional family structures, judges intervened in domestic violence matters as substitute patriarchs. They harshly condemned male perpetrators—sentencing men to fines, prison, and even the whipping post—for failing to conform to appropriate husbandly behavior, while …
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine
When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine
William & Mary Journal of Race, Gender, and Social Justice
This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against adolescent boys in the United States. In contrast to both legal frameworks, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender registries, this study examines the incidence of female-perpetrated statutory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the advantages of her approach over those taken by prior scholars, in terms of the size of the …