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Full-Text Articles in Law

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker Oct 2019

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …


Considering Consent: A Philosophy Of One Word's Impact, Kiley Addis Jul 2019

Considering Consent: A Philosophy Of One Word's Impact, Kiley Addis

Philosophy Summer Fellows

When considering the topic of consent in reference to sexual relations, one might view the definition as straightforward. In this project, I demonstrate that no clear, singular definition of consent exists, but rather, focus on compiling differing definitions typically used. The main definitions focused on within the research are that of how the United States legal system defines consent, how higher education institutions define consent within their policies, and how our country defines consent culturally. Using the vast differences in the definitions as the prime example, I demonstrate that no clear, singular definition of consent exists; without a concise definition …


What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave Mar 2019

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.


Restorative Justice And Responsive Regulation In Higher Education: The Complex Web Of Campus Sexual Assault Policy In The United States And A Restorative Alternative, David R. Karp Phd Jan 2019

Restorative Justice And Responsive Regulation In Higher Education: The Complex Web Of Campus Sexual Assault Policy In The United States And A Restorative Alternative, David R. Karp Phd

School of Leadership and Education Sciences: Faculty Scholarship

Sexual assault policy on college campuses in the United States is a complex system guided by federal policy, state policy, and local mandates. When students violate sexual misconduct policies, campuses primarily rely on suspensions and expulsions, paralleling the criminal justice system’s reliance on incarceration as a solution based on stigmatization and separation. Since the 1990s, restorative justice has made inroads as an alternative response to student misconduct, but application to sexual misconduct is rare. The Campus PRISM Project (Promoting Restorative Initiatives on Sexual Misconduct) is a network of academics and practitioners exploring a restorative approach within a responsive regulatory framework. …


To The Survivors Of Childhood Sexual Abuse- Whenever You’Re Ready: Eliminating The Criminal Statute Of Limitations On Childhood Sexual Assault Crimes In Light Of Pennsylvania’S Catholic Dioceses Grand Jury Investigation, Rebecca Schultz Jan 2019

To The Survivors Of Childhood Sexual Abuse- Whenever You’Re Ready: Eliminating The Criminal Statute Of Limitations On Childhood Sexual Assault Crimes In Light Of Pennsylvania’S Catholic Dioceses Grand Jury Investigation, Rebecca Schultz

Law Student Publications

It is exceptionally difficult for many survivors of sexual assault to come forward to tell their story. This is particularly the case where the perpetrator is someone in a position of power who the survivor trusted. The statute of limitations for cases of childhood sexual abuse can serve as another barrier preventing survivors from coming forward because it prevents any semblance of justice for those individuals. This is currently most evident in states like Pennsylvania that still impose a statute of limitations on crimes of sexually assaulting children. Pennsylvania is reeling from its most recent Catholic clergy sex abuse scandal, …


Sex Wars As Proxy Wars, Aya Gruber Jan 2019

Sex Wars As Proxy Wars, Aya Gruber

Publications

The clash between feminists and queer theorists over the meaning of sex—danger versus pleasure—is well- trodden academic territory. Less discussed is what the theories have in common. There is an important presumption uniting many feminist and queer accounts of sexuality: sex, relative to all other human activities, is something of great, or grave, importance. The theories reflect Gayle Rubin’s postulation that "everything pertaining to sex has been a ‘special case’ in our culture.” In the #MeToo era, we can see all too clearly how sex has an outsized influence in public debate. Raging against sexual harm has become the preferred …