Women’s behavior as implied consent: Male “reasonableness” in Australian rape law

2019 ◽  
pp. 174889581988095 ◽  
Author(s):  
Rachael Burgin ◽  
Asher Flynn
Keyword(s):  
The Other ◽  
Law Reform ◽  
Legal Practice ◽  
Australian Study ◽  
Rape Law ◽  
Key Factor ◽  
Rape Trial ◽  
Rape Trials ◽  
Implied Consent ◽  
Affirmative Consent

Defendants in rape trials rely on narratives of “implied consent,” situating women’s ordinary behavior as having indicated consent. Such narratives ignore women’s experiences, instead describing a male perpetrator’s subjective interpretation or inference of the woman’s actions. Implied consent narratives should have been eliminated by law reform introducing affirmative consent that redirected attention to steps that the perpetrator took to ensure the other party was consenting. Drawing from an Australian study, this article uses rape trial excerpts from the state of Victoria to argue that implied consent narratives endure in rape trials and form the key factor shaping a reasonable belief defense. Rape law allows men to interpret women’s behavior without restriction, providing evidence of the persisting influence of misogynistic views of women in law and legal practice. This article contributes to feminist jurisprudential and theoretical efforts to generate understandings of the ways rigid gender norms are enacted and performed in rape trials.

Rape Trial Studies: Handle with Care

1997 ◽  
Vol 30 (1) ◽  
pp. 26-35
Author(s):  
Jeremy Gans
Keyword(s):  
Decision Making ◽  
Empirical Research ◽  
Law Reform ◽  
Rape Law ◽  
Rape Trial ◽  
Rape Trials ◽  
The Law ◽  
Fact Finding

The notion that the issue of the accused's honest belief about consent has little effect on the outcome of most rape trials has gained considerable acceptance amongst some rape law reformers. The acceptance of this claim can be partly traced to the Law Reform Commission of Victoria's study of rape prosecutions in 1991. However, properly considered, the study provides no support for this assertion. This is because of two limitations to the study: the merely cursory analysis of pre-trial decision making and the lack of plausible assessment of the jury's approach to its fact-finding task. Properly understood, the study's findings suggest a reform of the trial judge's direction to the jury, a possibility ignored in the Law Reform Commission's report. This paper argues that law reformers should pay more attention to such limitations when considering empirical research into rape prosecutions.

Genital Call and Genitals on Trial: by Giegold & Weiß (nGbK, 2014)

Screen Bodies ◽  
2016 ◽  
Vol 1 (2) ◽  
pp. 87-91
Author(s):  
Karen Fiss
Keyword(s):  
Sexual Assault ◽  
Male Student ◽  
The Other ◽  
Columbia University ◽  
The Law ◽  
Affirmative Consent

In California, where I live, an affirmative consent law was recently passed: often referred to as the “yes means yes” standard for sexual assault, it is now required of all colleges receiving state funds. Supporters of the law argue that campus rapists can no longer be exonerated because their victims did not resist or were incapacitated by fear, shame, or intoxication. On the other side of the country, a student at Columbia University became an icon in this ongoing legal struggle by carrying her mattress around with her everywhere, including to her graduation, as a sign of protest against the university’s refusal to expel the male student who raped her.

Agni - Key factor for Shodhananga Snehapana.

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Pavithra. S. ◽  
H. G. Gouda ◽  
Rajalakshmi M. G.
Keyword(s):  
Operative Procedure ◽  
The Other ◽  
Successful Outcome ◽  
Other Hand ◽  
Key Factor ◽  
Health And Disease

Agni is termed as Vaishwanara as it takes the person from Mruthyuloka to Swargaloka. It is an important factor and is equitant to Prana; is one among Dashaprana Ayatana. Agni in Shareera is present in different forms with different actions. It is the responsible factor for both health and disease; on the other hand the successful outcome of treatment is also dependant on Agni. Chikitsa (treatment) is the process of bestowing normalcy which is either brought by Shodhana (purificatory) or Shamana (palliative) Karma. Snehapana is a pre-operative procedure for Shodhana Chikitsa where in Sneha Dravya (medicated fat) is administered for attainment of Upasthita Dosha Avastha and further ease in elimination of the vitiated Doshas. Assessment of Dosha, Dushya, Vyadhi Avastha, Roga Bala, Rogi Bala, Agni, Koshta etc. factors are essential for the attainment of Chikitsa Phala. Assessment of Agni not only helps in understanding Vyadhi but also enables to plan the dosage of Sneha to be administered. Thus this paper is an attempt to throw light on the importance of Agni, assessment of Agni and Agni Bala prior to Shodhananga Snehapana.

scholarly journals Diminishing the Legal Impact of Negative Social Attitudes Toward Acquaintance Rape Victims

2010 ◽  
Vol 13 (4) ◽  
pp. 644-664 ◽  
Author(s):  
Michelle J. Anderson
Keyword(s):  
Legal Reform ◽  
Social Attitudes ◽  
Acquaintance Rape ◽  
The Other ◽  
Rape Victims ◽  
Male Control ◽  
Legal Reforms ◽  
The Past ◽  
Rape Law ◽  
The One

Rape law often condemns females who are not chaste and excuses males who act with sexual entitlement. Rape law has been a significant site for the valorization of female chastity and constraint, on the one hand, and male prowess and freedom, on the other. It continues to reflect the sexism of a culture resistant to ceding male control over sexuality. Legal reform of rape law over the past forty years has greatly helped those who experience stranger rape that includes violence extrinsic to the rape itself. However, this generation of reform did not sufficiently help those whose experiences are more common: those raped by acquaintances without extrinsic violence. To tackle this larger problem, the law must undergo another generation of renewal, one that works affirmatively to diminish the legal impact of negative social attitudes toward acquaintance rape victims. Tis article proposes a range of legal reforms to that end.

scholarly journals Animal spirits: Keynes' theory of rational investment decision-making under conditions of fundamental uncertainty

2009 ◽  
Vol 52 (1) ◽  
pp. 17-44
Author(s):  
Ognjen Radonjic
Keyword(s):  
Decision Making ◽  
Economic Crisis ◽  
Investment Decision ◽  
The Other ◽  
Investment Activity ◽  
Animal Spirits ◽  
Investment Decision Making ◽  
Key Factor ◽  
Fundamental Uncertainty ◽  
Rational Investment

Keynes's term, animal spirits, has been mistakenly confused with irrational decision-making. However, if we accept Keynes' assumption that future is fundamentally uncertain and nonergodic, animal spirits become key factor that makes continual process of investment decision-making possible. On the other hand, if animal spirits blunt, investment activity dwindles and makes emergence of deep economic crisis likely.

scholarly journals The grammar of discourse: The case of then

2015 ◽  
Vol 24 ◽  
pp. 373 ◽  
Author(s):  
Maria Biezma
Keyword(s):  
Title Page ◽  
The Other ◽  
Discourse Structure ◽  
Key Factor ◽  
Truth Conditional

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p>This paper presents an analysis of <em>then</em> that appeals to discourse structure. I argue that <em>then</em> does not make any truth-conditional contribution but rather coordinates an anaphoric relation between consecutive discourse-moves. The meaning contribution of <em>then</em> is captured in terms of felicity conditions: <em>then</em> requires that two propositions enter into a ‘causal explanatory claim’-relation in which one (the antecedent) provides the ‘reasons’ for the other (the consequent). This proposal targets <em>then</em> within conditionals and across discourse and considers discourse structure as a key factor in explaining its behavior.</p></div></div></div>

Rape law reform in Britain

Society ◽  
2000 ◽  
Vol 37 (4) ◽  
pp. 57-62 ◽  
Author(s):  
Sara Hinchliffe
Keyword(s):  
Law Reform ◽  
Rape Law ◽  
Rape Law Reform

The Burdens of Status, 1950–1954

2017 ◽  
Author(s):  
Gregg A. Brazinsky
Keyword(s):  
United States ◽  
Korean War ◽  
The United States ◽  
The Other ◽  
Other Hand ◽  
The Korean War ◽  
Key Factor

This chapter shows how the PRC’s search for greater status brought with it new obligations. China’s desire to stand at the helm of an Eastern revolution compelled the CCP to offer assistance to other Asian revolutionaries. The chapter argues that this mindset was a key factor in Beijing’s decisions to enter the Korean War and provide training and assistance to the Viet Minh. The United States, on the other hand, sought to prevent the PRC from gaining stature through its role in these conflicts. It often cited deflating China’s prestige in Asia as a motive for both fighting on in Korea and aiding the French in Indochina.

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