scholarly journals Better Sex Through Criminal Law: Proxy Crimes, Covert Negligence, and Other Difficulties of 'Affirmative Consent' in the ALI's Draft Sexual Assault Provisions

2015 ◽  
Author(s):  
Kevin Cole
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Affirmative Consent

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.

scholarly journals #MeToo - Implications for Criminal Law?

2019 ◽  
Vol 6 (2) ◽  
pp. 115-135
Author(s):  
Tatjana Hörnle
Keyword(s):  
Social Media ◽  
Sexual Assault ◽  
Social Control ◽  
Criminal Law ◽  
German Law ◽  
Sexual Misconduct ◽  
Law Reform ◽  
Traditional Model ◽  
Sexual Offenses ◽  
Naming And Shaming

#MeToo became a powerful social movement, and the accusations of sexual misconduct destroyed the careers of many persons. In its first part, the article critically examines #MeToo, concluding that the naming and shaming of individuals in social media is a problematic instrument of social control. The second part analyses changes in criminal laws on sexual offenses, for instance the new German law on sexual assault. The traditional model of sexual assault and rape that emphasizes violence deserves criticism. For contemporary criminal laws, the focus must be on consent and communication. The article discusses the merits and disadvantages of “No means No” and “Only Yes means Yes” as starting points for law reform.

scholarly journals Sexual Assault Cases at the Alberta Court of Appeal: The Roots of Ewanchuk and the Unfinished Revolution

2014 ◽  
Vol 52 (1) ◽  
pp. 127 ◽  
Author(s):  
Janine Benedet
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Law Reform ◽  
Sexual Offences ◽  
Rape Law ◽  
Rape Law Reform ◽  
Definition Of ◽  
Court Of Appeal

This article surveys rape law reform efforts in Canadian criminal law by mapping these changes onto the decisions of the Alberta Court of Appeal. First, the article outlines how decisions in the 1970s and 1980s reflected ideas and assumptions about sexual offences. It then traces how these ideas were challenged in law reform efforts in 1983 and 1992. Next the article turns to the definition of non-consent and the Ewanchuk case, and how the reasons at the Court of Appeal reflect evolving attitudes to sexual assault. Finally, the article ends with reflections on sexual assault law following the Ewanchuk decision.

Judgments about sexual assault vary depending on whether an affirmative consent policy or a “no means no” policy is applied

2020 ◽  
Vol 12 (3) ◽  
pp. 163-175 ◽  
Author(s):  
Monica K. Miller
Keyword(s):  
Sexual Assault ◽  
Design Methodology ◽  
Verbal Communication ◽  
Sexual Scripts ◽  
Decision Makers ◽  
Community Members ◽  
Relationship Type ◽  
Content Type ◽  
Main Effect ◽  
Affirmative Consent

Purpose Affirmative consent (AC) policies require potential sexual partners to clearly and positively confirm that they want to engage in sexual behavior – in contrast to standard “no means no” policies, which typically define consent through resistance. AC policies might not be effective because they do not align well with typical scripts of how consent is given in practice. This study aims to compare participants’ judgments as to what constitutes sexual assault, using either an AC policy or a standard “no means no” policy. Design/methodology/approach Participants read 16 scenarios depicting various male-female sexual encounters and applied either an AC or a standard “no means no” policy to determine whether the encounter was consensual. Findings When an AC policy was used, participants were more likely to judge the scenario as sexual assault. Aspects of the scenario (which reflect AC policy criteria), such as the type of communication (verbal or nonverbal), clarity of communication (clear or unclear) and resistance (high or low) also affected judgments of the scenario. Relationship type (stranger vs acquaintance) did not affect judgments. Students were more likely to perceive the scenarios as sexual assault than community members; they also perceived differences between scenarios based on verbal communication and clarity more than community members. Finally, there was no main effect of participant gender, however, men perceived differences between scenarios based on verbal communication type, whereas women did not. Research limitations/implications Findings indicate that participants are generally able to apply AC policies correctly, even though AC criteria do not generally align with common sexual scripts. Originality/value This is the first study known to test whether decision-makers can properly apply criteria outlined in AC policies and whether the application of these policies affect decisions-makers judgments as to whether a sexual encounter is consensual or assault.

scholarly journals Negligent Sexual Assault: Reform Of The Criminal Law And A Tort Alternative

2009 ◽  
Vol 4 ◽  
pp. 16
Author(s):  
Tom Tian ◽  
Richard Sawyer
Keyword(s):  
Sexual Assault ◽  
Criminal Law

Negligent Sexual Assault: Reform Of The Criminal Law And A Tort Alternative

Rape Law Commonalities

2020 ◽  
pp. 57-74
Author(s):  
Stuart P. Green
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Sexual Contact ◽  
Historical Overview ◽  
Rape Law ◽  
Definition Of ◽  
Act Requirement

This chapter focuses on a range of issues common to all six of the rape paradigms that are described in subsequent chapters. It begins with a brief historical overview of rape law, observing a significant expansion in the definition of rape and sexual assault along two axes, namely, the kinds of sexual contact covered and the means by which nonconsent is manifested. It then considers the disparate ways in which the labels rape and sexual assault have been used, and makes an argument for retaining the term rape in the criminal law. Next, it considers how the physical act requirement in rape and sexual assault has been defined in a range of criminal codes, finally touching on some of the challenges of offense grading.

11. Sexual offences

2021 ◽  
pp. 468-517
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Criminal Law ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two of ‘The law in context’ features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

scholarly journals Moaning and Eye Contact: Men's Use of Ambiguous Signals in Attributions of Consent to their Sexual Partners

2017 ◽  
Author(s):  
Nicole Bedera
Keyword(s):  
Sexual Assault ◽  
Sexual Violence ◽  
Eye Contact ◽  
Sexual Partners ◽  
College Campuses ◽  
Social Cues ◽  
Sexual Consent ◽  
Structured Interviews ◽  
Undergraduate Men ◽  
Affirmative Consent

In recent years, there has been increasing pressure on men to take a proactive role in preventing sexual violence. On college campuses, this pressure has been formalized into affirmative consent policies that require all students to actively seek consent from their sexual partners through unambiguous verbal or physical signals. This study uses data from 25 semi-structured interviews to explore how undergraduate men make sense of sexual consent after cultural and organizational pressure to be more proactive in preventing sexual assault. Participants answered questions about their recent sexual experiences and their attitudes toward campus sexual consent policies. Findings indicate that while participants understand and condone key elements of sexual consent, they do not consistently apply reliable strategies to ensure that their sexual interactions are consensual. Instead, they use ambiguous social cues that are common in both consensual and nonconsensual sexual interactions, which reinforce the cultural notion that consent is unclear.

Sadomasochistic Assault

2020 ◽  
pp. 277-294
Author(s):  
Stuart P. Green
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Side Effect ◽  
Role Playing ◽  
Double Effect ◽  
Not Given ◽  
Doctrine Of Double Effect ◽  
Assault And Battery

This chapter considers sadomasochistic assault. Although no offense in the criminal law is specifically labeled as such, this kind of conduct has been prosecuted under general (nonsexual) assault and battery provisions. Consent normally is allowed as a defense to charges of assault involving other kinds of (nonsexual) consensual pain infliction, such as occurs in surgery, sports, tattooing, and religious flagellation. Sadomasochistic assault prosecutions differ in that the consent or volenti defense is generally disfavored. The chapter offers an argument for why consensual sadomasochistic sex is more wrongful than these others kinds of consensual harm causing, based on the doctrine of double effect (the idea that it is permissible to cause harm as a side effect of bringing about a good result, even though it would not be permissible to cause such harm as a means to bringing about the same good end). But even if that argument is correct, it would not necessarily justify SM’s criminalization. Also considered here is the problem of how to distinguish between SM that is truly consensual and that which is not. Given the role playing it sometimes involves, there exists a possibility that without appropriate safeguards, SM might serve as a cover for what is essentially rape and sexual assault.

Femicide and Criminal Law

2016 ◽  
Vol 8 (13) ◽  
pp. 66-89
Author(s):  
Farid Samir Benavides Vanegas
Keyword(s):  
Sexual Assault ◽  
Violence Against Women ◽  
Criminal Law ◽  
Gender Based Violence ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Gender Based ◽  
First Time ◽  
Present Text ◽  
Relevant Factors

The crime of homicide is said to have an aggravating cir- cumstance when it is committed due to the “fact of be- ing a woman.” In Colombia, only until the 4th of March 2015, The Supreme Court of Justice, for the first time, addressed a case in which a penalty with an aggravating circumstance of this nature was imposed, establishing the relevant factors to constitute this type of crime. The present text analyses the crime of femicide within a wider context of violence against women just as the concepts of gender-based violence, violence against women and fi- nally, sexual assault and femicide; these concepts are ana- lyzed with the purpose of showing the different factors involved in this phenomenon. El delito de homicidio tiene una agravante que se configu- ra cuando el delito se comete por “el hecho de ser mujer”. En Colombia, solo hasta el 4 de marzo de 2015 la Corte Suprema de Justicia se ocupó por primera vez de un caso en el cual se daba aplicación a la agravante, y determinó los elementos que son importantes para su configuración. En este texto analizo el concepto de feminicidio dentro de un contexto más amplio de violencia contra la mujer, al igual que los conceptos de violencia de género, violencia contra la mujer y, finalmente, violencia sexual y feminici- dio, todo ello con el propósito de mostrar los diferentes elementos que están alrededor de este fenómeno. 

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