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Full-Text Articles in Law
The Time Is Overdue To Fix The Judicial Confirmation Process, Rachel A. Van Cleave, Sonia Bakshi
The Time Is Overdue To Fix The Judicial Confirmation Process, Rachel A. Van Cleave, Sonia Bakshi
Publications
Politics must not drive the decisions by those who serve as gatekeepers to justice for survivors of sexual violence. The #MeToo Movement has thoroughly exposed the many myths surrounding sexual violence, but as Professor Hill pointed out, many gatekeepers have yet to “get it.”
What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave
What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave
Publications
On International Women’s Day, with women facing challenges on equal pay, reproductive rights, sexual harassment and violent sexual assault, the topic of sudden, forced and unwanted kisses initially seems trivial, unworthy of consideration. However, Alva Johnson’s recent civil complaint against Donald Trump for kissing her on the side of her mouth, raises the question of whether such conduct should be criminal in the United States.
Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave
Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave
Publications
This essay examines an Italian sexual assault case that received significant media attention. The Corte d'appello of Cagliari concluded that the defendant was not entitled to a reduced sentence when he was convicted of sexually assaulting his fourteen-year-old stepdaughter. On review, the Third Section of Italy's Corte diCassazione held that the lower court's refusal was erroneous. Cassazione faulted the appellate court for failing to consider that the victim had already engaged in sexual activity with others. This case illustrates how changing rape laws on the books does not always bring about immediate change in attitudes. Indeed, notions of chastity and …
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.