Law Commons^™

Forgetting Freud: The Courts' Fear Of The Subconscious In Date Rape (And Other) Criminal Cases, Andrew E. Taslitz

ExpressO

Courts too often show a reluctance to learn the lessons taught by social science in criminal cases, especially where subconcious processes are involved. The subconscious is seen as rarely relevant and, in the unusual cases where it is relevant, it is viewed as a disease commandeering the conscious mind and thus helping to exculpate the accused. Drawing on the example of forensic linguistics in date rape cases as illustrative of a broader phenomenon, this article argues that the courts' misuse of social science stems from fear and misunderstanding of the workings of the subconscious mind. Accordingly, the piece contrasts the …

To Catch A Sex Thief: The Burden Of Performance In Rape And Sexual Assault Trials, Corey Rayburn Yung

ExpressO

Despite decades of efforts to reform American rape law, prosecution and conviction rates remain low compared to similar crimes. While activists led legislatures to adopt important statutory changes for rape and sexual assault, only modest effects in the levels of sexual violence have been observed. Nonetheless, reform-minded scholars continue to focus on statutory and rule tinkering as a means to quell sexual violence.

This article argues against the commonly-held belief that the crucial factors in determining the outcome of rape trials are substantive and procedural in nature. Rather, the issues of performance, representation, and language often pre-determine the outcomes of …

Something's Happening Here: Children And Human Rights Jurisprudence In Two International Courts, Bernardine Dohrn

Nevada Law Journal

No abstract provided.

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Nevada Law Journal

No abstract provided.

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …

“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik

Scholarly Works

No abstract provided.

Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Reckless Response To Rape: A Reply To Ayres And Baker, Kimberly Kessler Ferzan

All Faculty Scholarship

In a recent article in the University of Chicago Law Review, Professors Ian Ayres and Katharine Baker propose the crime of "reckless sexual conduct," criminalizing unprotected first-encounter sexual intercourse. The goals of this proposal are to combat the epidemic of sexually transmitted diseases by requiring condom use and to reduce acquaintance rape by "forcing" communication. While the goals are admirable, the proposal is deeply flawed. As public health legislation, it is overinclusive, thereby punishing the morally innocent, and its conception of consent as an affirmative defense fundamentally misunderstands criminal responsibility. As rape reform, which is arguably the true aim of …

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith

Fordham Urban Law Journal

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery. Part II situates the sexual abuse of women in custody and women slaves in their historical context. Part II also charts the creation of the first penitentiaries in the United States and the "Reform Movement," led by Quaker women who were also involved in the abolition movement, and later in the suffrage movement. It further examines the impact that women's entry into male prisons as workers in the 1970s and 1980s - pursuant to Title VII - had on the sexual abuse of …