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Full-Text Articles in Law
The Failure Of Consent, Michal Buchhandler-Raphael
The Failure Of Consent, Michal Buchhandler-Raphael
michal buchhandler-raphael
What is rape? What are the harms, risks and values that the criminal prohibition on rape attempts to promote? How should criminal law properly conceptualize the offense of rape? Does submission to sexual demands in light of threats to inflict non-physical harms, such as economic and professional harms including firing or demotion, constitute rape? Scholars have been grappling with these questions for several decades, attempting to better align society’s perceptions about the criminal regulation of sexual misconduct with the ever-evolving social perceptions about sexuality and gender norms. This Article argues that while rape law reform has accomplished significant changes in …
The Failure Of Consent, Michal Buchhandler-Raphael
The Failure Of Consent, Michal Buchhandler-Raphael
michal buchhandler-raphael
What is rape? What are the harms, risks and values that the criminal prohibition on rape attempts to promote? How should criminal law properly conceptualize the offense of rape? Does submission to sexual demands in light of threats to inflict non-physical harms, such as economic and professional harms including firing or demotion, constitute rape? Scholars have been grappling with these questions for several decades, attempting to better align society’s perceptions about the criminal regulation of sexual misconduct with the ever-evolving social perceptions about sexuality and gender norms. This Article argues that while rape law reform has accomplished significant changes in …
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 …