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Full-Text Articles in Law
Sexual Abuse Of Power, Michal Buchhandler-Raphael
Sexual Abuse Of Power, Michal Buchhandler-Raphael
michal buchhandler-raphael
This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization. At a normative-theoretical level, the Article contends that coerced submission to unwanted sexual acts in professional and institutional settings demonstrates not only unwanted and harmful sexual conduct but also nonconsensual sex. The Article suggests that the current understanding of consent to sexual relations is flawed, because rape law’s contemporary consent standard focuses on an objective permission-giving act, which fails to recognize that even an explicit verbal authorization sometimes constitutes merely apparent consent. This reality calls for adopting a modified definition for consent to sexual …
Sexual Abuse Of Power, Michal Buchhandler-Raphael
Sexual Abuse Of Power, Michal Buchhandler-Raphael
michal buchhandler-raphael
This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization. At a normative-theoretical level, the Article contends that coerced submission to unwanted sexual acts in professional and institutional settings demonstrates not only unwanted and harmful sexual conduct but also nonconsensual sex. The Article suggests that the current understanding of consent to sexual relations is flawed, because rape law’s contemporary consent standard focuses on an objective permission-giving act, which fails to recognize that even an explicit verbal authorization sometimes constitutes merely apparent consent. This reality calls for adopting a modified definition for consent to sexual …
Sexual Abuse Of Power, Michal Buchhandler-Raphael
Sexual Abuse Of Power, Michal Buchhandler-Raphael
michal buchhandler-raphael
This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization. At a normative-theoretical level, the Article contends that coerced submission to unwanted sexual acts in professional and institutional settings demonstrates not only unwanted and harmful sexual conduct but also nonconsensual sex. The Article suggests that the current understanding of consent to sexual relations is flawed, because rape law’s contemporary consent standard focuses on an objective permission-giving act, which fails to recognize that even an explicit verbal authorization sometimes constitutes merely apparent consent. This reality calls for adopting a modified definition for consent to sexual …
Sexual Abuse Of Power, Michal Buchhandler-Raphael
Sexual Abuse Of Power, Michal Buchhandler-Raphael
michal buchhandler-raphael
This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization. At a normative-theoretical level, the Article contends that coerced submission to unwanted sexual acts in professional and institutional settings demonstrates not only unwanted and harmful sexual conduct but also nonconsensual sex. The Article suggests that the current understanding of consent to sexual relations is flawed, because rape law’s contemporary consent standard focuses on an objective permission-giving act, which fails to recognize that even an explicit verbal authorization sometimes constitutes merely apparent consent. This reality calls for adopting a modified definition for consent to sexual …
Sexual Abuse Of Power, Michal Buchhandler-Raphael
Sexual Abuse Of Power, Michal Buchhandler-Raphael
michal buchhandler-raphael
This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization. At a normative-theoretical level, the Article contends that coerced submission to unwanted sexual acts in professional and institutional settings demonstrates not only unwanted and harmful sexual conduct but also nonconsensual sex. The Article suggests that the current understanding of consent to sexual relations is flawed, because rape law’s contemporary consent standard focuses on an objective permission-giving act, which fails to recognize that even an explicit verbal authorization sometimes constitutes merely apparent consent. This reality calls for adopting a modified definition for consent to sexual …
Sexual Abuse Of Power, Michal Buchhandler-Raphael
Sexual Abuse Of Power, Michal Buchhandler-Raphael
michal buchhandler-raphael
This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization. At a normative-theoretical level, the Article contends that coerced submission to unwanted sexual acts in professional and institutional settings demonstrates not only unwanted and harmful sexual conduct but also nonconsensual sex. The Article suggests that the current understanding of consent to sexual relations is flawed, because rape law’s contemporary consent standard focuses on an objective permission-giving act, which fails to recognize that even an explicit verbal authorization sometimes constitutes merely apparent consent. This reality calls for adopting a modified definition for consent to sexual …
Criminalizing Coerced Submission In The Workplace And In The Academy, Michal Buchhandler-Raphael
Criminalizing Coerced Submission In The Workplace And In The Academy, Michal Buchhandler-Raphael
michal buchhandler-raphael
This article challenges the prevailing view that Title VII provides a single conceptual model that fits all forms of sexual harassment. In particular, it challenges the assumption that forced sexual intercourse in the workplace and in the academy is merely another form of sexual harassment, and therefore can be addressed within the current legal framework. The article argues for critically revisiting the current paradigm by providing an alternative account of the submission cases, one that separately categorizes them and acknowledges their distinctive harms. Accordingly, the article suggests that these cases should be criminalized, and elaborates upon the justifications and policy …
Criminalizing Coerced Submission In The Workplace And In The Academy, Michal Buchhandler-Raphael
Criminalizing Coerced Submission In The Workplace And In The Academy, Michal Buchhandler-Raphael
michal buchhandler-raphael
This article challenges the prevailing view that Title VII provides a single conceptual model that fits all forms of sexual harassment. In particular, it challenges the assumption that forced sexual intercourse in the workplace and in the academy is merely another form of sexual harassment, and therefore can be addressed within the current legal framework. The article argues for critically revisiting the current paradigm by providing an alternative account of the submission cases, one that separately categorizes them and acknowledges their distinctive harms. Accordingly, the article suggests that these cases should be criminalized, and elaborates upon the justifications and policy …
Criminalizing Coerced Submission In The Workplace And In The Academy, Michal Buchhandler-Raphael
Criminalizing Coerced Submission In The Workplace And In The Academy, Michal Buchhandler-Raphael
michal buchhandler-raphael
This article challenges the prevailing view that Title VII provides a single conceptual model that fits all forms of sexual harassment. In particular, it challenges the assumption that forced sexual intercourse in the workplace and in the academy is merely another form of sexual harassment, and therefore can be addressed within the current legal framework. The article argues for critically revisiting the current paradigm by providing an alternative account of the submission cases, one that separately categorizes them and acknowledges their distinctive harms. Accordingly, the article suggests that these cases should be criminalized, and elaborates upon the justifications and policy …