Law Commons^™

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

Prosecuting Rape As Genocide: An Analysis Of The Legal Framework And Challenges In International Law, Anya Syed

CMC Senior Theses

Rape can be used to annihilate, control, and humiliate populations. Mass rape can have genocidal intent. Yet, thus far, the legal definition of genocide has failed to codify rape. These severe limitations in the definition of genocide create legal impunity and impede the rehabilitation of rape survivors. This failure also results in legal challenges, including the lack of basis to distinguish between rape during war and genocide. This paper seeks to provide readers with sufficient background to understand the legal challenges currently preventing the prosecution of rape as genocide. After presenting this information, the paper details past courts that have …

The Role Of Women In Terrorism, Zeynep Bayar

Dissertations, Theses, and Capstone Projects

The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of …

Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell

Master of Studies in Law Research Papers Repository

Sexual assault is a persistent form of violence against women that is rooted in gender inequality. It violates the sexual integrity of the victim and can have lasting psychological and emotional effects on both victims and their families. Sexual assault is a significant social and cultural problem within Canadian society. This paper presents an examination of the problems with the legal response to sexual assault that are still prevalent within the Canadian justice system despite the many positive changes in law that have come about in the last three decades. It is divided into three main chapters. The first draws …

Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola

CMC Senior Theses

Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their …

Prosecutorial Discretion And Decision Making : Processing Sexual Assault Cases, Megan Kennedy

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines prosecutorial discretion and decision making in the processing of sexual assault cases. The literature has long focused on the idea that prosecutors make decisions with the goal of avoiding uncertainty, the uncertainty being a potential acquittal. Researchers suggest this goal is the result of prosecutors’ beliefs that professional advancement is dependent upon one’s conviction record. Much of the research in this area has relied upon quantitative methods and analyses. The results of the analyses lead researchers to infer that prosecutors do indeed make charging decisions with an eye toward avoiding uncertainty. Specifically related to sexual assault cases, …

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman

Senior Projects Spring 2016

The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …

Rape In World War Ii Memory, Sonia Tiemann

Honors Theses

This thesis examines why mass wartime rape occurred during World War II, as well as examining the reasons for the denial or elimination of rape from public memory. For purposes of analysis, the thesis has been broken down into four cases: rape by Japanese soldiers ⎯ the “comfort women,” rape by German soldiers, rape by the Russian Red Army, and rape by American soldiers in France. The study looks at different reasons that could help explain why soldiers rape during wartime and what provokes them to rape. Rape was quite prevalent during World War II, yet it is rarely acknowledged …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

There Are No "Innocent Victims": The Influence Of Just World Beliefs And Prior Victimization On Rape Myth Acceptance, Rebecca Lynne Vonderhaar

Sociology & Criminal Justice Theses & Dissertations

Approximately 209,000 women report being raped every year. Of those 209,000 rapes, only 19,491 arrests were made (U.S. Department of Justice 2011). Furthermore, reports estimate that one out of every three women will be raped at some point in her life (Amir, 1971). The prominence of rape in the United States, as well as the disparity between documented rapes to the police and victim reports of rape, is problematic for researchers in fully understanding the breadth of the problem. Considering that rape occurs at such an overwhelmingly high rate and frequently goes unreported, it is important to understand the attitudes …

College Students' Concerns Regarding Prison Rape, Laura A. Rapp

Sociology & Criminal Justice Theses & Dissertations

Abstract unavailable.

Racial Differences In Rape Myth Acceptance Among College Women, Lekeshia M. Washington

Sociology & Criminal Justice Theses & Dissertations

This study investigates the racial differences in rape myth acceptance among college women. There has been little research on the topic of rape which examines solely the opinions of women. Black and white college women {N=623) completed a survey which measured the degree of acceptance or rejection of false beliefs about rape, rape victims, or rapists. These false beliefs were termed rape myths. The myths demean the victim and support stereotypes about rape. Past research suggests that blacks accept rape myths more than whites, and that victims accept rape myths more than nonvictims. This study's analyses suggest that women as …

An Examination Of Factors Influencing The Definition Of Rape, Connie Sue Minton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this thesis is to examine the concept of rape and factors which influence the definition of rape. A survey consisting of demographic and attitudinal questions and rape scenarios was administered to college students at two middle-sized universities in the southeast. The results indicate that as the level of intimacy between the victim and the rapist increases the likelihood of a situation being defined as a rape decreases. In this study religion and political attitudes were two independent variables which did not influence the definition of rape while race, gender, relationships with women, and attitudes toward women were …