The Promise of Title IX: Sexual Violence and the Law

Dissent ◽  
2015 ◽  
Vol 62 (4) ◽  
pp. 135-144 ◽  
Author(s):  
Alexandra Brodsky ◽  
Elizabeth Deutsch
Keyword(s):  
Title Ix ◽  
SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.


2021 ◽  
pp. 155708512110626
Author(s):  
Shauntey James ◽  
Melanie D. Hetzel-Riggin

Institutions of Higher Education (IHEs) have used restorative justice (RJ) to address sexual misconduct on college campuses under Title IX. In 2020, Title IX guidance was codified. The application of RJ under the new policy may create procedural and distributive justice issues. This article (1) defines the new policy; (2) explores suitability of RJ to sexual misconduct and specifically yellow zone behavior under the new policy; (3) discusses justice for the various stakeholders under the guise of advantages and disadvantages; and (4) makes recommendations to strengthen the choice of either implementing or not implementing restorative justice.


differences ◽  
2021 ◽  
Vol 32 (2) ◽  
pp. 122-160
Author(s):  
Erin A. Spampinato

This essay identifies what the author terms “adjudicative reading,” a tendency in literary criticism to read novels depicting sexual violence as if in a court of law. Adjudicative reading tracks characters’ motivations and the physical outcomes of their actions as if novels can offer evidence, or lack thereof, of criminal conduct. This legalistic style of criticism not only ignores the fictionality of incidences of rape in novels, but it replicates the prejudices inherent in historical rape law by centering the experiences of the accused character over and against the harm caused to the fictional victim of rape. By contrast, the “capacious” conception of rape proposed here refuses to locate rape in a particular bodily act (as the law does), rejects the yoking of rape’s harms to a particular gender, and understands various forms of violence as equally serious (rather than creating a hierarchy of sexual assault, as current legal conceptions tend to do).


2019 ◽  
Vol 58 (3) ◽  
pp. 193
Author(s):  
Marissa Ellermann

Encyclopedia of Rape and Sexual Violence is a two-volume work that tackles a very important and sensitive topic using historical and current events, the law, and statistical information to educate on sexual violence and its impact on society. It contains twenty chapters, arranged alphabetically, that extensively discuss the different forms of rape and sexual violence. The entries are well researched, thorough, and objective in tone, and they feature prominent legal cases, statistics, and events that are pertinent to the selected topics.


2019 ◽  
pp. 150-174
Author(s):  
Martha C. Nussbaum

While great progress has been made in regards to sexual violence and accountability, Martha C. Nussbaum argues that the culture of celebrity remains a significant hurdle. In this chapter, Nussbaum traces the historical evolution and progress of the law and social norms concerning sexual violence. Identifying the obstacles and complexities that have faced those fighting for justice, she shows how working women, feminist lawyers, and recently the #MeToo movement have pushed forward the frontier of accountability. While history provides reason for hope, a recalcitrant problem remains: lack of accountability for celebrities and sports stars. Given the big money and structures of power behind the culture of celebrity, Nussbaum argues that the public must rise up and express outrage in order to bring about change.


2015 ◽  
Vol 15 (3) ◽  
pp. 452-484 ◽  
Author(s):  
Sarah Williams ◽  
Emma Palmer

Widespread sexual violence was a feature of Democratic Kampuchea, whether during forced marriages, as an instrument of torture, or as a systematic feature of Khmer Rouge policy, with rape often the precursor to execution. Since it was established, the Extraordinary Chambers in the Courts of Cambodia (eccc) has secured a single conviction of sexual violence. This article draws on the eccc’s jurisprudence and decisions of other international criminal tribunals to argue that, to date, the eccc has made little contribution to the development of the legal framework surrounding sexual violence. However, there remain several possibilities for it to do so.


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