Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (72)
- Criminal Procedure (38)
- Sexuality and the Law (32)
- Social and Behavioral Sciences (24)
- Law and Society (23)
-
- Evidence (21)
- Sociology (19)
- Human Rights Law (18)
- Civil Rights and Discrimination (17)
- Jurisprudence (14)
- Social Control, Law, Crime, and Deviance (14)
- Courts (13)
- Constitutional Law (12)
- Legislation (12)
- Arts and Humanities (11)
- Criminology (11)
- International Law (11)
- Comparative and Foreign Law (10)
- Law and Race (10)
- Legal Studies (10)
- Criminology and Criminal Justice (9)
- Feminist, Gender, and Sexuality Studies (9)
- Women's Studies (9)
- Education Law (8)
- Law Enforcement and Corrections (8)
- Legal Remedies (8)
- Family Law (7)
- Inequality and Stratification (7)
- Institution
-
- University of Michigan Law School (30)
- University of Colorado Law School (15)
- Cleveland State University (11)
- The University of Akron (9)
- Maurer School of Law: Indiana University (7)
-
- Touro University Jacob D. Fuchsberg Law Center (7)
- University of Rhode Island (7)
- William & Mary Law School (7)
- Fordham Law School (6)
- Pepperdine University (5)
- American University Washington College of Law (4)
- Boston University School of Law (4)
- Schulich School of Law, Dalhousie University (4)
- University of Louisville (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Washington and Lee University School of Law (4)
- Cornell University Law School (3)
- Old Dominion University (3)
- Pace University (3)
- Penn State Dickinson Law (3)
- University of Richmond (3)
- Vanderbilt University Law School (3)
- BLR (2)
- Barry University School of Law (2)
- City University of New York (CUNY) (2)
- Georgetown University Law Center (2)
- University of Baltimore Law (2)
- University of Kentucky (2)
- University of North Dakota (2)
- West Virginia University (2)
- Publication Year
- Publication
-
- Publications (14)
- Faculty Scholarship (12)
- Michigan Journal of Gender & Law (12)
- Michigan Law Review (11)
- Akron Law Review (9)
-
- Dignity: A Journal of Analysis of Exploitation and Violence (7)
- Law Faculty Articles and Essays (6)
- Articles by Maurer Faculty (5)
- Pepperdine Law Review (5)
- Advanced Issues in Criminal Law: Sex Offenses (4)
- Articles, Book Chapters, & Popular Press (4)
- Scholarly Works (4)
- Touro Law Review (4)
- William & Mary Journal of Race, Gender, and Social Justice (4)
- All Faculty Scholarship (3)
- Articles (3)
- Cleveland State Law Review (3)
- Sociology & Criminal Justice Theses & Dissertations (3)
- Washington and Lee Law Review (3)
- ExpressO (2)
- Faculty Publications (2)
- Fordham Urban Law Journal (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Indiana Law Journal (2)
- Nevada Law Journal (2)
- Publications and Research (2)
- Scholarly Articles in Law Reviews & Journals (2)
- University of Michigan Journal of Law Reform (2)
- University of Michigan Journal of Law Reform Caveat (2)
- University of Richmond Law Review (2)
- Publication Type
Articles 61 - 90 of 193
Full-Text Articles in Criminal Law
Consent Confusion, Aya Gruber
Consent Confusion, Aya Gruber
Publications
The slogans are ubiquitous: “Only ‘Yes’ Means ‘Yes’”; “Got Consent?”; “Consent is Hot, Assault is Not!” Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic “yes”?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today’s widespread uncertainty …
Not Affirmative Consent, Aya Gruber
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
Cornell Law Library Prize for Exemplary Student Research Papers
Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …
Husbands Who Drug And Rape Their Wives: The Injustice Of The Marital Exemption In Ohio’S Sexual Offenses, Patricia J. Falk
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 …
License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone
License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone
Akron Law Review
This Article proposes that courts change the way in which they adjudicate Title VII disputes by evaluating the harm avoidance demonstrated by plaintiffs and employers in light of the totality of what each party knew or should have known about the potential harm, and what each party did or could have done to prevent it. Specifically, this Article is premised on the ideas that 1) harassment complaints are, typically, initially dealt with internally; often, an employer will remediate reported harassment by ordering or granting a transfer to separate a harasser and his victim; and 2) many harassers are, in fact …
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
Akron Law Review
This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty five years, there has been a steady erosion of the due process rights of those accused of rape. I have designated the first stage of “reforms,” which affected the arrest, pretrial, and trial phases of rape prosecutions, as the First Wave of rape reform. The Second Wave are the more recent changes in the law that have focused on measures, such as sexual registry or civil commitment statutes, that …
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
Akron Law Review
This essay explores the new rape exceptionalism. My thesis holds that rape exceptionalism is rooted in a divide between elite opinion, reflected in statutes, court decisions, and academic commentary, and popular opinion, as reflected in jury verdicts. Elite opinion values sexual autonomy and suspects, when it does not despise, sexual aggression. Popular opinion supposes that sexual autonomy may be forfeited by female promiscuity or flirtation, and views male sexual aggression as natural, if not indeed admirable...pressions of consent,8 is an academic exercise. If we really want to normalize rape law, we must bypass the jury openly. We can’t conceal the …
Constructing Consent: Legislating Freedom And Legitimating Constraint In The Expression Of Sexual Autonomy, Vanessa E. Munro
Constructing Consent: Legislating Freedom And Legitimating Constraint In The Expression Of Sexual Autonomy, Vanessa E. Munro
Akron Law Review
In the first section, the nature and parameters of the conventional understanding of consent will be examined in more detail and the contemporary challenges that have been lodged against it – particularly from those influenced by structural, post-structural, and communitarian analyses – will be considered. With the terrain of these debates on consent – and related concepts such as autonomy, agency, and self-determination – in place, the second section of this article will focus specifically upon their implications in the context of sexual consent in general, and women’s sexual consent in particular. It will outline the development of the Sexual …
The Trouble With Drink: Intoxication, (In)Capacity, And The Evaporation Of Consent To Sex, Dr. Sharon Cowan
The Trouble With Drink: Intoxication, (In)Capacity, And The Evaporation Of Consent To Sex, Dr. Sharon Cowan
Akron Law Review
The paper explores the contemporary concerns surrounding issues of intoxicated consent in cases of rape, particularly as expressed in U.K. case law, statute, and government policy. During the course of this paper, I will examine recent research on the problematic role of alcohol in sexual assault before going on to discuss specific policy and legislative responses to the problem of intoxicated consent. I will also engage in a close reading of several recent rape cases in the U.K. in which the capacity of the intoxicated complainant to consent to sexual intimacy has been of central concern. The paper deals only …
Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell
Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell
Akron Law Review
While the struggle for affirmative consent is typically framed as a feminist law reform project, I contend that we need to understand the legal elaboration of a positive and explicit consent standard in relation to wider shifts in governance. The second section of this article explores how the legal elaboration of affirmative consent in Canadian law might be seen as a specific expression of neoliberal governmentality, forging new normative sexual subjects who interact within a transactional sexual economy. In section three, I demonstrate how discourses of responsibilization and risk management inform recent Canadian sexual assault decisions, constituting the ideal victim …
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Akron Law Review
Social change, to be sure, is not necessarily bad. But what if affirmative consent is not biologically or psychologically sound and, for that reason, women do not even desire it? Questioning the idea that increasing women’s power will be desirable even if not founded on the “the truth,” I ask: Can and should women — to say nothing of men — say “no” to affirmative consent? I examine this question in two parts. Part I evaluates the sexual environment today from which affirmative consent has arisen. Part II deals specifically with affirmative consent.
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty
Akron Law Review
Introduction to the Symposium focusing on issues arising from determining when sex is the product of free choice, when it is the result of force, and the legal and philosophical implications arising from those issues. To introduce this Symposium, I first discuss the issues related to the crime of rape, the idea of sexual autonomy, and the concept of affirmative consent to sex. Then, I briefly summarize the symposium authors’ various approaches to these topics.
The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik
The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik
Akron Law Review
The time that has since passed allows for a more comprehensive evaluation of the cultural meaning of the Duke Rape case. This is the goal of the newly released “Institutional Failures,” which constitutes a point of departure for this review. The aim of this article is first to clarify the contribution this book makes to an understanding of the case. I will describe and analyze the content of the nine essays that make up the book; I will make reference to related works, and I will offer a concluding evaluation of the book’s likely impact.
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Anti-Rape Culture, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Pace International Law Review
The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …
Court Of Appeals Of New York, People V. Paulman, Michele Kligman
Court Of Appeals Of New York, People V. Paulman, Michele Kligman
Touro Law Review
No abstract provided.
How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston
How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston
Michigan Journal of Gender & Law
Our popular understanding of domestic violence has shifted significantly over the past forty years, and with it, our legal response. We have moved from an interpretation of domestic violence as a private relationship problem managed through counseling techniques to an approach that configures domestic violence first and foremost as a public crime. Mandatory criminal intervention policies reflect and reinforce this interpretation. How we arrived at this point, and which understanding of domestic violence facilitated this shift, is the focus of this Article. I argue that the move to intense criminalization has been driven by a distinctly feminist interpretation of domestic …
Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger
Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger
All Faculty Scholarship
No abstract provided.
"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk
"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk
Law Faculty Articles and Essays
In response to alarming statistics about the dearth of rape cases brought to successful fruition, feminist critiques of rape law, and changing attitudes about sexual autonomy, rape and sexual assault statutes in America have undergone enormous revision during the last few decades. The barriers to successful prosecution of rape cases-including the corroboration and resistance requirements-have been slowly eroding in modern statutory law. Despite rampant rape reform, these old-fashioned requirements have been remarkably persistent, and vestiges of them remain in twenty-first-century statutory enactments.
A Curious Omission From Ohio's Rape Statute: Sexual Assault When The Victim Consents To Medical Or Dental Drugging, Patricia J. Falk
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.
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming
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 …
"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk
"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk
Cleveland State Law Review
The Ohio General Assembly has made considerable progress in modernizing the state’s rape laws, eliminating many of the substantive and procedural obstacles to the successful prosecution of criminals. Yet, Ohio’s contemporary sexual offense provisions include vestiges of both the corroboration and resistance requirements. More specifically, the corroboration requirement (1) still applies to the crime of sexual imposition and (2) is used as a grading factor in gross sexual imposition. The resistance requirement (1) has been eliminated from rape and gross sexual imposition, but not sexual battery and sexual imposition, and (2) the wording of the existing resistance-elimination provisions is legally …
There Are No "Innocent Victims": The Influence Of Just World Beliefs And Prior Victimization On Rape Myth Acceptance, Rebecca Lynne Vonderhaar
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 …
When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges
When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges
Faculty Scholarship
This Article examines criminal statutes that grade more severely sexual assaults that result in pregnancy. These laws, which define pregnancy as a “substantial bodily injury,” run directly counter to positive constructions of pregnancy within culture. The fact that the criminal law, in this instance, reflects this negative, subversive understanding of pregnancy creates the possibility that this idea may be received within culture as a construction of pregnancy that is as legitimate as positive understandings. In this way, these laws create possibilities for the reimagining of pregnancy within law and society. Moreover, these laws recall the argumentation that proponents of abortion …
The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge
The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge
Lewis Honors College Capstone Collection
This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.
Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner
Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner
Michigan Journal of Gender & Law
n the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, …
Stopping Steubenville: Reducing Cases Of Adolescent Sexual Assault Involving Alcohol, Alexandra Schiffrin
Stopping Steubenville: Reducing Cases Of Adolescent Sexual Assault Involving Alcohol, Alexandra Schiffrin
University of Michigan Journal of Law Reform Caveat
While the Steubenville Rape Case garnered much attention for the role that social media played in initiating the prosecution and inciting national outrage, the underlying legal issue was the victim’s incapacity to consent because of self-induced intoxication. The case surrounded the August 12, 2012 sexual assault of an intoxicated sixteen-year-old girl by two high school football players, Trent Mays and Ma’lik Richmond, after a party in Steubenville, Ohio. Following the prominent coverage of the incident across social media channels and in the news, Mays and Richmond—who were charged with raping the sixteen-year-old girl—were often portrayed as the real victims; observers …
[Including But Not Limited To] Violence Against Women, Giovanna Shay
[Including But Not Limited To] Violence Against Women, Giovanna Shay
Faculty Scholarship
This Article highlights three developments in criminal justice in 2012 that marked the move toward more gender-inclusive anti-violence movements: the FBI’s adoption of a gender-neutral definition of rape; the debate regarding the reauthorization of the Violence Against Women Act (VAWA); and the promulgation of new Department of Justice (DOJ) regulations under the Prison Rape Elimination Act of 2003 (PREA). These recent developments reveal a growing movement towards more gender-inclusive conceptions of rape and intimate partner violence. The change to a more gender-inclusive approach will have many implications for criminal justice policy and institutions. One critical project is to ensure that …