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Full-Text Articles in Law

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman Jul 2022

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …


Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle Jul 2022

Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle

Washington and Lee Law Review

This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused …


How To Expand Rape By Deception And Protect Consent, Ricardo Licea May 2022

How To Expand Rape By Deception And Protect Consent, Ricardo Licea

University of Massachusetts Law Review

The trend towards accepting the violation of consent as the underlying wrong addressed by rape law conflicts with the almost universal rejection of rape by deception. Rape by deception is limited to fraud in the factum, however the exclusion of fraud in the inducement finds no support under a consent framework. The principal objections to the expansion of rape by deception are that it will criminalize common behavior, that rape by deception produces only minor harm, and that self-protection is a viable alternative. Analogizing from the criminalization of deception to obtain money shows that the criminal deception statutes need not …


Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho Feb 2022

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 …