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Full-Text Articles in Law
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Golden Gate University Law Review
This comment will show that courts have construed the "force" element to exclude a broad range of coercive conduct. This application perpetuates rape myths and enables assailants to use a broad range of force without the act being legally recognized as "rape." Part I explains the development of rape jurisprudence to illustrate how the law has evolved to emphasize the "force" element. Part II examines rape myths that affect the courts' application of the "force" element. The purpose of this section is to dispel the "violent stranger" rape myth and to illustrate that the most typical "force" used by perpetrators …
Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant
Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant
Golden Gate University Law Review
This paper will attempt to show the criminal law has permitted homicide when committed in order to prevent crimes which threaten harm so severe and permanent as to be incapable of repair through subsequent legal proceedings. Rape has consistently been regarded as such a crime. The paper will identify the interests which rape has been seen to threaten as those interests which derive their significance from a social system in which women are the property of men. It will argue that, to the extent changing social values have reduced the significance of those interests, they are no longer adequate to …
From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy
From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy
Publications
Much of the current scholarship, as well as international policy studies focusing on civil conflicts and armed violence, has primarily construed women as victims and men as perpetrators of violence. Although this prevalent interpretation certainly reflects conventional wisdom and tells part of a true war story, the remainder, which has been very much less publicized and addressed, also perceives women as participants in violence and men occasionally as victims. This Article joins the chorus of scholars that have only recently begun to highlight the flaws of this common belief and conversely, describe female participation in conflict and armed violence, often …
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 …
Sex, Lies, And Honor In Italian Rape Law, Rachel A. Van Cleave
Sex, Lies, And Honor In Italian Rape Law, Rachel A. Van Cleave
Publications
No abstract provided.
Legal Problems Of Rape, Senate Committee On Judiciary
Legal Problems Of Rape, Senate Committee On Judiciary
California Senate
No abstract provided.
People V. Nye [Dissent], Jesse W. Carter
People V. Nye [Dissent], Jesse W. Carter
Jesse Carter Opinions
Evidence of a defendant's prior attempted rape was admissible in his trial for assault with intent to rape a second victim as the evidence of the first offense showed defendant's intent when he entered the second victim's hotel room.