Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law Faculty Articles and Essays

Criminal Law

Sexual assault

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Husbands Who Drug And Rape Their Wives: The Injustice Of The Marital Exemption In Ohio’S Sexual Offenses, Patricia J. Falk Jul 2015

Husbands Who Drug And Rape Their Wives: The Injustice Of The Marital Exemption In Ohio’S Sexual Offenses, Patricia J. Falk

Law Faculty Articles and Essays

This article argues that Ohio's marital rape exemption fails to vindicate the sexual autonomy and physical integrity of all persons in the state to be free from non-consensual sexual conduct. This protection from unwanted, non-consensual sexual violation should be afforded to Ohioans regardless of the victim's marital relationship to the perpetrator. Furthermore, the state's sexual offense provisions are plagued with inconsistencies and illogical distinctions with respect to the marital immunity. Ohio's partially abolished marital exemption cannot be justified under any coherent theory of justice, appears to survive merely due to inertia, and certainly does not serve the best interests of …


A Curious Omission From Ohio's Rape Statute: Sexual Assault When The Victim Consents To Medical Or Dental Drugging, Patricia J. Falk Jul 2014

A Curious Omission From Ohio's Rape Statute: Sexual Assault When The Victim Consents To Medical Or Dental Drugging, Patricia J. Falk

Law Faculty Articles and Essays

No abstract provided.


Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk Jan 2002

Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk

Law Faculty Articles and Essays

The methods by which human beings accomplish nonconsensual sexual activity with fellow humans are almost limitless. They use physical force; they beat, choke, and knock their victims unconscious. They kidnap and restrain them. They use weapons and threats of immediate force to subdue their quarry. They come in groups with the superior strength of their number. They exploit the element of surprise. They coerce, extort, and blackmail others into sexual submission. They lie, pretend, impersonate, and defraud, trapping the unwary in webs of deceit. They victimize mentally ill, mentally disabled, physically weak, and physically incapacitated persons. They abuse their positions …