Sex Education And Rape,
CUNY School of Law
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
The Role Of Pornography In The "Rough Sex" Defence In Canada,
University of Alberta
The Role Of Pornography In The "Rough Sex" Defence In Canada, Lise Gotell, Isabel Grant, Elizabeth Sheehy
Dalhousie Law Journal
Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography,
University of Georgia School of Law
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
White Sexual Imperialism: A Theory Of
Asian Feminist Jurisprudence,
Washington and Lee University School of Law
White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Virtual Harm, Real Consequences: Constitutional Justifications For Criminalizing Ai-Generated Child Pornography,
Florida International University College of Law
Virtual Harm, Real Consequences: Constitutional Justifications For Criminalizing Ai-Generated Child Pornography, Adam Abdin
FIU Law Review
Advances in artificial intelligence (AI) have enabled the creation of hyper-realistic child sexual abuse images without any real child involved. These AI-generated depictions pose a unique challenge: they replicate the most pernicious form of pornography—child pornography—while potentially being claimed as “speech” immune from regulation. This paper argues that it is both constitutionally permissible and morally imperative to criminalize AI-generated child pornography. This article presents two doctrinal pathways to justify a ban. First, such content can be treated as unprotected speech under existing First Amendment exceptions. Courts have long held that child pornography and obscenity lie outside First Amendment protection, and …
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy,
University of Michigan Law School
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy, Y. Carson Zhou
Michigan Journal of Gender & Law
Is the criminalization of consensual sex between close relatives constitutional in the wake of Lawrence v. Texas and Obergefell v. Hodges? Justice Scalia thought not. The substantive due process landscape has changed dramatically in response to the LGBTQ movement. Yet, when a girl in a sexual relationship with her father recently revealed in an anonymous interview with New York Magazine that they were planning to move to New Jersey, one of the only two states where incest was legal, the New Jersey legislature introduced with unprecedented speed a bill criminalizing incest. But who has the couple harmed? The very …
The Paradox Of Statutory Rape,
University of Tulsa College of Law
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
Indiana Law Journal
What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …
Sexualization, Sex Discrimination, And Public School Dress Codes,
University of Richmond
Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach
Law Faculty Publications
This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors,
University of Massachusetts, Amherst
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
