scholarly journals ‘Oh you're a guy, how could you be raped by a woman, that makes no sense’: towards a case for legally recognising and labelling ‘forced-to-penetrate’ cases as rape

2017 ◽  
Vol 14 (01) ◽  
pp. 110-131 ◽  
Author(s):  
Siobhan Weare
Keyword(s):  
Lived Experiences ◽  
Male Victims ◽  
England And Wales ◽  
Male Victim ◽  
Legal Definition ◽  
Female Perpetrators ◽  
Female Perpetrator ◽  
The Law ◽  
Definition Of

AbstractThe existing legal definition of rape in England and Wales is gendered, only recognising men as offenders. The law also only recognises as victims of rape those who are penetrated by a penis, either vaginally, anally or orally. This therefore excludes the female perpetrator–male victim paradigm, and more specifically those cases where male victims are ‘forced to penetrate’ female perpetrators. This paper argues that consideration needs to be given to legally recognising and thus labelling forced-to-penetrate cases as rape. Applying a methodology that draws upon the lived experiences of male victims, it is argued that there are significant similarities between compelled-penetration cases and those cases legally recognised as rape, not only because they both involve non-consensual penile penetration, but because there are clear similarities in the aggressive strategies used by perpetrators and the subsequent harms experienced by victims.

15. The role and status of charities

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Everyday Life ◽  
England And Wales ◽  
Legal Definition ◽  
Major Disaster ◽  
The Everyday ◽  
Good For ◽  
The Law ◽  
Definition Of

This chapter considers the nature and benefits of an organization gaining charitable status. Charity, in the sense of doing good for one’s fellow man, is often linked with philanthropy, which is the desire to promote the welfare of others. However, the legal definition of ‘charity’ is one that is carefully controlled because of the advantages that organizations which are classed as charities at law enjoy. Nevertheless, it includes a variety of purposes, which affect of the everyday life of citizens. Many people in England and Wales have real, if unknowing, contact with the law of charitable trusts, whether they are putting a small donation into collection boxes or envelopes, putting something into a collection at church, signing a Gift Aid declaration on admission to National Trust properties, contributing regularly through payroll giving schemes, or responding to major disaster appeals.

Visually Handicapped People and the Law

1987 ◽  
Vol 81 (2) ◽  
pp. 53-58 ◽  
Author(s):  
V.E. Bishop
Keyword(s):  
Final Section ◽  
Case Law ◽  
Legal Definition ◽  
Legal Precedent ◽  
Legal Position ◽  
Handicapped People ◽  
The Law ◽  
Definition Of ◽  
Visually Handicapped

This paper explores the definitional problems of visual handicaps, especially in terms of the legal definition of blindness. A brief history is given of the laws concerning visually handicapped people, and a discussion of case law describes legal precedent. A final section presents suggestions for strengthening the legal position of visually handicapped people in future litigation.

scholarly journals Attributions of victim responsibility in revenge pornography

2019 ◽  
Vol 11 (4) ◽  
pp. 263-272 ◽  
Author(s):  
Jeff Gavin ◽  
Adrian J. Scott
Keyword(s):  
Design Methodology ◽  
Qualitative Content Analysis ◽  
Victim Blame ◽  
Male Victims ◽  
Female Victim ◽  
Content Type ◽  
Male Victim ◽  
Female Perpetrator ◽  
Victim Responsibility ◽  
Male Perpetrator

Purpose Revenge pornography is a growing risk among adolescents and young adults. Often stemming from sexting, some victims of revenge pornography report experiencing victim-blame similar to that accompanying the reporting of rape. The purpose of this paper is to explore the assumptions that underlie attributions of victim-blame, with a focus on perpetrator and victim responsibility, as well as gendered assumptions surrounding sexting. Design/methodology/approach A total of 222 UK university students (111 male, 111 females) read one of two versions of a hypothetical revenge pornography scenario, one involving a male victim of a female perpetrator, the other a female victim of a male perpetrator. They then responded to an open-ended question regarding responsibility. Findings Qualitative content analysis of these responses identified three inter-related themes: the victim’s behaviour, mitigating victim responsibility and minimising the behaviour. Social implications The majority of participants in this study attributed at least some responsibility to the victims of revenge pornography depicted in the scenarios. Sex of the victim played a less important role than assumptions around sexting. Originality/value The study suggests that victim-blame is linked to the consent implied by sharing intimate images with a partner, but is also mitigated by the normative nature of this relationship practice. There was some evidence that the experience of male victims of revenge pornography is trivialised. These findings have implications for e-safety and victim support.

scholarly journals Lies, Collateral Lies and Insurance Claims: The Changing Landscape in Insurance Law

2018 ◽  
Vol 22 (2) ◽  
pp. 237-265
Author(s):  
Baris Soyer
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Insurance Fraud ◽  
England And Wales ◽  
Insurance Law ◽  
Significant Challenge ◽  
The Common ◽  
Utmost Good Faith ◽  
The Law ◽  
Definition Of

Determining the scope of the fraudulent claims rule in insurance law has posed a significant challenge for the courts, particularly in the last two decades. In the shadow of the doctrine of utmost good faith, the law in this area has developed in an uncompromising fashion introducing draconian remedies against an assured who submits a fraudulent claim. The Supreme Court's most recent intervention has provided much needed guidance on the state of the law. This article, taking into account the fact that in other areas of law more proportionate remedies have gradually been introduced, discusses the boundaries of the fraudulent claims rule in insurance law as it applies in England and Wales and Scotland. Considering that the insurers might be tempted to introduce fraudulent claims clauses into their contracts to expand the common law definition of insurance fraud at the claims stage, this article also evaluates the wording of such clauses often used in practice and concludes that they lack the desired clarity.

scholarly journals The Procedure for the Official Publishing of Regulatory Legal Acts as a Source of Russian Law

2021 ◽  
pp. 13-17
Author(s):  
Olesya Kazantseva
Keyword(s):  
Law Enforcement ◽  
Scientific Article ◽  
Official Publication ◽  
Legal Definition ◽  
Russian Law ◽  
The Law ◽  
Definition Of

The article is aimed at the study of the procedure for publishing of regulatory legal acts in accordance with Russian legislation. Normative legal acts affecting the rights, freedoms and duties of man and citizen are the most important source of Russian law and should be officially published. It is with this fact that the law connects their entry into force. Given that there are no legal definitions of a regulatory legal act, official text, publication, problems arise in law enforcement practice. In addition, the diversity of normative acts by the level of their adoption indicates the diversity of sources of their official publication. This scientific article has been delivered in order to determine the rules for the publishing of laws and other regulations, national and international documents. The author concludes that it is necessary to improve legislation in field and the legal definition of the concepts under study.

scholarly journals Establishment of things

2006 ◽  
Vol 78 (9) ◽  
pp. 413-441
Author(s):  
Janko Kubinjec
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Property Law ◽  
Human Relationship ◽  
Legal Concept ◽  
Legal Definition ◽  
The Law ◽  
Definition Of

Legal concept of person is to be constituted, while the legal concept of thing is to be established. Legal concept of thing is a metaphysical category that shall be differentiated from the positive-legal definition of thing as an empirical phenomenon, as well from the natural thing, which is also as an empirical phenomenon. Legal concept of thing is a spiritual phenomenon, which belongs to the field of objective spirit. The thing is the basis for the entire civil law. The wrong conclusion that civil law starts with ownership and ownership with possession, is based on the so called naturalistic error. For the title, the thing is primarily a freedom for the person, while the mortgage is the border with which the owner is confronted. At the point where freedom overflows from person to thing we have erga omnes effect of property rights. It is not possible to clearly and materially differentiate person from the thing without defining the law as the freedom, and without making this distinction, the persons can also be defined as res cogitans. In the property law, the essence is manifested through the human relationship. In the law of the contracts and torts the thing is neglected up to the point where we come to property, and point where property becomes the claim. If, in addition to that, directly natural refutation of things is produced, we are faced with the legal concept of damages. In the authentic law, the succession is always the concept pertaining to things and only in the non authentic law it may be the concept pertaining to persons.

The law and death

2020 ◽  
Vol 29 (7) ◽  
pp. 446-447
Author(s):  
Richard Griffith
Keyword(s):  
Health Law ◽  
Senior Lecturer ◽  
Legal Definition ◽  
Definition Of Death ◽  
The Law ◽  
Definition Of

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the legal definition of death and the law relating to the disposal of a body after death

The Psychological Test of Sex and the Transsexual: A Legal Response

1979 ◽  
Vol 7 (2) ◽  
pp. 211-267 ◽  
Author(s):  
Lisa M. Bassis
Keyword(s):  
Gender Role ◽  
Psychological Test ◽  
Legal Definition ◽  
Legal Response ◽  
Facilitative Role ◽  
The Law ◽  
Definition Of ◽  
The U.S

Transsexualism is not new, but it is only recently that the law has adopted a facilitative role; setting forth legal precedents to assist a transsexual's adjustment in society once a new gender role is assumed. After defining the eight factors considered in the medical definition of sex, the article discusses the making of a legal definition–-using recent U.S. and foreign cases. In light of these definitions, the author finds that the court erred when it concluded that Renee Richards should be classified by a psychological test of sex for purposes of competing in the U.S. Open Tennis Tournament.

scholarly journals The Scope of Academic Freedom Right and the Situation of Scientists in Poland

Interchange ◽  
2021 ◽  
Author(s):  
Monika Stachowiak-Kudła
Keyword(s):  
Higher Education ◽  
Academic Freedom ◽  
Management Model ◽  
Legal Tradition ◽  
Legal Definition ◽  
The Law ◽  
Definition Of ◽  
The Impact

AbstractThe implementation of academic freedom can be difficult both for policymakers and university authorities. A good example of these difficulties is the case of Poland. These difficulties stem from three factors: a weak legal tradition of academic freedom, a lack of legal definition of this freedom and the transition of Polish universities from the collegial to the managerial management model. This article analyzes the impact of these three factors on the situation of Polish scientists. It is very plausible that the introduction of a legal definition of academic freedom to the Law on Higher Education and Science could mitigate the tendency to limit academic freedom in Poland. Such a definition would make it difficult for governments, faculty and university authorities to interfere with this right and make it easier for researchers to assert their rights in court.

scholarly journals The dispute about law in urgent administrative cases at the appeal of the bodies of revenue and fees

2019 ◽  
pp. 85-90
Author(s):  
O.V Skochylias-Pavliv ◽  
N.V. Lesko
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
Legal Definition ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

The article deals with current issues related to the procedure of consideration and resolution of urgent administrative cases at the appeal of the bodies of revenue and fees. The peculiarities of the specified category of cases which are manifested in the urgency; subject composition; notification of the participants of the case on the date, time and place of the case; filing of the claim; calculation of procedural terms; announcement and service of court decisions; appeal and cassation appeal; the court fee are analyzed. It is noted that the statements of the case are a statement of claim, reaction a statement of claim, a response to a reaction, a protest, a third party’s explanation of the statement claim, or reaction a statement of claim. The form of the appeal of tax authorities to the administrative court is a claim. Obviously, that is why in these categories of cases there are often misunderstandings regarding the payment of court fees as evidenced by a large number of decisions on leaving without motion the claim of bodies of revenue and fees on the ground of failure to submit to the court a document on payment of court fees. Central to the article is the consideration of the issue of understanding of the dispute about law as one of the grounds for refusing to open proceedings at the appeal of the bodies of revenue and fees. The only form of administrative proceedings is the consideration of the case on the statement of claim. As is well known, a lawsuit involves conflict between the parties. The mutual rights and obligations of the parties to prove their claims and objections constitute the substance of the dispute. However, the peculiarities of disputes at the request of the bodies of revenue and fees due to the fact that they don’t have a dispute about the law. It is noted that there is no legal definition of the term «dispute about the law», which significantly complicates the consideration and resolution of this category of cases. The interpretation of this concept exists only in judicial practice, in particular in resolutions of the Supreme Court but they are also contradictory. That’s why we consider it necessary to supplement article 283 Code of Administrative Proceedings of Ukraine a note defining the concept of «dispute about the law», which should be understood as a claim of the taxpayer to the tax authority regardless of the subject of the claim which may be submitted to administrative or judicial procedure. Keywords: a dispute about law, administrative proceedings, administrative case, revenue, and fees, claim.

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