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Full-Text Articles in Law

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis Feb 2021

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis

Michigan Journal of Gender & Law

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable.

This ...


Me Too? The Invisible Older Victims Of Sexual Violence, Ruthy Lowenstein Lazar Mar 2020

Me Too? The Invisible Older Victims Of Sexual Violence, Ruthy Lowenstein Lazar

Michigan Journal of Gender & Law

A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system.

This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of ...


Sexual Violence, The Principle Of Legality, And The Trial Of Hissène Habré, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe Jan 2020

Sexual Violence, The Principle Of Legality, And The Trial Of Hissène Habré, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe

Washington University Journal of Law & Policy

The appeals panel of the Extraordinary African Chambers in the Courts of Senegal upheld the former president of Chad’s, Hissène Habré’s, conviction for war crimes, crimes against humanity, and acts of torture. This ruling stands out as the trial court’s convictions included rape and sexual slavery as crimes against humanity, which observers hailed as a tremendous victory for international criminal justice and rights of sexual violence survivors. Specifically, in Habré’s case, the determination turned on whether the crimes were considered violations of international law at the times they were committed. Using historical examples from various tribunals ...


Victim Impact Statements And Corporate Sex Crimes, Erin L. Sheley Jan 2020

Victim Impact Statements And Corporate Sex Crimes, Erin L. Sheley

Faculty Scholarship

This Article argues that more frequently including victim impact statements during the sentencing phase of corporate criminal trials would help lay foundation for legislative reforms geared towards punishing corporations on the occasions where genuinely corporate misconduct, such as that of USAG and the Weinstein Company, can be said to have caused sexual offenses. The Article proceeds in three Parts. First, I argue that criminal enforcement against corporations is generally untethered from harm to victims, and that this thwarts one of the most coherent justifications for the existence of corporate criminal liability. Next, I argue that a focus on victim narratives ...


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes Nov 2019

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave Sep 2019

Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave

Publications

#MeToo reports have revealed a significant number of forced kisses typically by men in positions of authority. Previous scholarship in the US has viewed such instances as to rare or too minor to be worthy of criminal sanctions. Indeed, there are no such reported criminal cases involving adults. However, in Italy, the Supreme Court of Cassazione has upheld sexual violence convictions for such forced kisses. This article analyzes these cases and investigates the types of considerations the Italian Supreme Court includes in its evaluation of these situations. This article also suggests specific aspects of US laws that could benefit from ...


The "Uncanny Valley" And The Verisimilitude Of Sexual Offenders--Part I: An "Ethorobotic" Perspective, Michael T. Flannery Jan 2019

The "Uncanny Valley" And The Verisimilitude Of Sexual Offenders--Part I: An "Ethorobotic" Perspective, Michael T. Flannery

Texas A&M Law Review

This Article is the first in a series of three articles in which I explain the cycle of misperception of sexual offenders that has encouraged the unconstitutional application of sexual offender laws, including civil commitment laws, in a false effort to quell public fear, protect children, and reduce sexual victimization. In this first Article of the series, I propose that this cycle of misperception and the resistance to the release of civilly committed sexual offenders may be, in part, the product of a novel phenomenon known as the “uncanny valley” effect.


Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer Aug 2017

Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer

Utah Law Review

For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or ...


The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili Apr 2017

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are ...


New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr. Apr 2017

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

With large global reach already, the journal Dignity is first of its kind in the world. A new journal devoted to the broad examination of sexual exploitation, violence and slavery has been launched by a prominent University of Rhode Island professor and researcher Donna M. Hughes. Since its debut last year, the first-of-its-kind online journal Dignity has been a global success, with people from more than 100 countries downloading articles, according to URI. 


Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr. Apr 2017

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina Jan 2017

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Equality, Process, And Campus Sexual Assault, Julie Novkov Feb 2016

Equality, Process, And Campus Sexual Assault, Julie Novkov

Maryland Law Review

No abstract provided.


The Criminalization Of Title Ix, Erin R. Collins Jan 2016

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses ...


For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo Jan 2016

For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo

Faculty Scholarship

No abstract provided.


Zero-Tolerance Comes To International Law, Aya Gruber Jan 2016

Zero-Tolerance Comes To International Law, Aya Gruber

Articles

No abstract provided.


Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof. Aug 2015

Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori ...


Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass Jan 2015

Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass

Law Student Publications

Virginia House Bill 1785, requiring campus police to notify the Commonwealth's Attorney of any victim-initiated sexual assault investigations, is a positive step forward in helping to combat sexual assault on Virginia college campuses. Under this legislation, victims of sexual assault are much more likely to receive the protection and justice they deserve. Part II of this comment outlines current federal law that intends to address sexual assault on college campus and whether these laws have been effective in preventing sexual assault. Part III details Virginia House Bill 1785 introduced in the 2015 Virginia General Assembly Session to address sexual ...


Sexual Violence By Educators In South African Schools: Gaps In Accountability, University Of The Witwatersrand. Centre For Applied Legal Studies, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic May 2014

Sexual Violence By Educators In South African Schools: Gaps In Accountability, University Of The Witwatersrand. Centre For Applied Legal Studies, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

In many South African schools, educators have sexually harassed and abused the learners in their care. This serious human rights violation is widespread and well known. However, its actual incidence is difficult to determine as many cases of educator-learner abuse are never reported. Such harassment and abuse – which occurs with frequency not only in South Africa but also worldwide – has devastating consequences for the health and education of the learners, mainly girls, who experience it. Over the past decade, South Africa has adopted important laws and policies to address this grave human rights problem, yet sexual violence persists in South ...


When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming Jan 2014

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions ...


Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig Jan 2014

Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig

Articles, Book Chapters, & Popular Press

Women are disappearing. Sixty-nine of them disappeared from the Downtown Eastside of Vancouver between 1997 and 2002. Northern communities in British Columbia believe that more than 40 women have gone missing from the Highway of Tears in the past thirty years. The endangered do not come from every walk of life. Most of these women are Aboriginal. Many of them are poor. To be more precise then, poor women and Aboriginal women are disappearing. Aboriginal women in particular are the targets of an irrefutable epidemic of violence in Canada today. Robert Pickton is thought to have murdered almost 50 of ...


Re-Thinking Minnesota's Criminal Justice Response To Sexual Violence Using A Prevention Lens, Caroline Palmer, Bradley Prowant Jan 2013

Re-Thinking Minnesota's Criminal Justice Response To Sexual Violence Using A Prevention Lens, Caroline Palmer, Bradley Prowant

Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward

Sexual violence is one of the most difficult issues we face in the human condition. Even with the many strides that have occurred in recent years to support a victim-centered response, survivors who seek help from the legal, medical and mental health systems, among others still “may face disbelief, blame, and refusals of help instead of assistance.” It is a problem that demands a response from all levels of society. And yet this response is lacking.

The key question we as a society confront is what changes will satisfactorily balance justice for victims with offender accountability, attempts at rehabilitation through ...


Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto Jan 2013

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way ...


Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner Jan 2013

Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner

Michigan Journal of Gender & Law

n the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France ...


Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma Dec 2012

Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma

Dr. Saumya Uma

The article discusses sexual and gender-based crimes in mass violence in India. It draws upon five different contexts of mass violence - communal (religion-based) violence, caste-based violence, violence in the context of militarization, violence in the context of anti-people development, and dispossession / violence in anti-Naxal operations.
In the second part of the article, it discusses gaps in Indian legal jurisprudence which are major causative factors for the existing impunity, and pose challenges to justice.
As a logical corollary, the third part discusses relevant law reform initiatives that are in process, to address the challenges to justice. In critiquing such initiatives, the ...


Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto Dec 2012

Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way ...


"They Are Destroying Our Futures": Sexual Violence Against Girls In Zambia's Schools, Women And Law In Southern Africa Trust-Zambia, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic Oct 2012

"They Are Destroying Our Futures": Sexual Violence Against Girls In Zambia's Schools, Women And Law In Southern Africa Trust-Zambia, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

This report examines the problem of sexual violence against girls in Zambian schools. In Zambia, many girls are raped, sexually abused, harassed, and assaulted by teachers and male classmates. They are also subjected to sexual harassment and attack while travelling to and from school. Such abuse is a devastating and often overlooked manifestation of the gender-based violence that occurs in numerous settings in Zambia and other countries throughout the world.

This report explores these issues from an international human rights perspective, drawing upon extensive desk research and interviews with 105 schoolgirls and many other stakeholders in Zambia’s Lusaka Province ...


Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto

Michigan Journal of Gender & Law

The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court ...


A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus Jan 2009

A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus

Faculty Scholarship

This article discusses the problem of ending child sexual abuse using an allegory explaining that certain types of punitive solutions as solving the river "downstream", or in problem-solving mode, as opposed to "upstream", or in prospective problem avoidance. The thesis of this brief article is that our public policy is focused too far downstream. We rightly condemn child sexual abuse, but our public discourse frames the issue in a way that misdirects our public policy towards downstream solutions. If we truly want to protect our children from sexual abuse and end the cycle of violence, we need to reframe the ...


Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi Apr 2008

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and ...