A Proposal to Remove BDSM from Federal Rule of Evidence 413's Definition of 'Sexual Assault'

2017 ◽  
Author(s):  
John E. Ludwig
Keyword(s):  
Sexual Assault ◽  
Definition Of ◽  
Federal Rule

Making the Call: College Students’ Legal Consciousness and Hypothetical Activation of Police for Sexual Assaults

2021 ◽  
pp. 107780122110211
Author(s):  
Trish Oberweis ◽  
Dayna Henry ◽  
Stacey Griner ◽  
Ekaterina Gorislavsky
Keyword(s):  
College Students ◽  
Sexual Assault ◽  
Sexual Contact ◽  
Legal Consciousness ◽  
Sexual Assault Prevention ◽  
Sexual Assaults ◽  
Assault Victims ◽  
Definition Of ◽  
Willingness To Report ◽  
Assault Prevention

Research has identified the necessity of sexual assault victims to label their experience as criminal to initiate reporting. However, barriers exist in labeling uninvited sexual contact as criminal. This study examined college students’ assessments of whether eight nonconsensual behaviors met the legal definition of sexual assault, and whether such behaviors should be reported to police. Results indicated students acknowledged the nonconsensual behaviors as criminal; however, gaps were identified between awareness that the acts were criminal and willingness to report to police. Findings demonstrate a need for continued efforts for sexual assault prevention among college students.

scholarly journals The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions

2018 ◽  
pp. 933
Author(s):  
Lucinda Vandervort
Keyword(s):  
Sexual Assault ◽  
Personal Experience ◽  
Common Law ◽  
Criminal Code ◽  
Decision Makers ◽  
Sexual Consent ◽  
Mens Rea ◽  
State Of Mind ◽  
Definition Of ◽  
Is Failure

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by section 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded in their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable,” given what the accused knew, the legal definition of consent in section 273.1 is easily overlooked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. The result is failure to enforce the law. The author proposes: (1) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and (2) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent.

scholarly journals (DE)CONSTRUCTING THE “PERFECT RAPE VICTIM”: AN ANALYSIS OF SEXUAL ASSAULT AND SURVIVOR DISCOURSES IN THE CANADIAN CRIMINAL JUSTICE SYSTEM

2021 ◽  
Author(s):  
Vanshika Dhawan ◽  
Marty Fink
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Rape Myths ◽  
Attrition Rates ◽  
Sexual Assault Survivors ◽  
Spousal Rape ◽  
Definition Of

The Canadian criminal justice system has seen many progressive changes to the way sexual assault cases are investigated and prosecuted over the past several decades. From the acknowledgement of spousal rape to the introduction of rape shield provisions, the law has seemingly changed to broaden the definition of what is considered a sexual assault. However, sexually-based offences are still vastly underreported and have the lowest attrition rates of indictable offences. Larger societal discourses around sexual assault and survivor-hood consist largely of rape myths, such as the idea that “real rape” only occurs when an “undeserving” woman is sexually assaulted by a “stranger in the dark.” These discourses permeate the Canadian criminal justice system, negatively influencing the experience of survivors who do not fit the narrow mould “real rape.” Drawing from Norman Fairclough’s Critical Discourse Analysis and Stuart Hall’s Discursive Approach, this Major Research Paper traces the effects of these discourses on constructions of sexual assault and survivor-hood in the legal system. Through a theoretical analysis of existing literature on the experiences of sexual assault survivors, this paper also examines the ways in which the language we use to describe sexual assault serves to cement rape myths and invalidate survivor experiences in every stage of the Canadian criminal justice system.

State Variations on Definition of Sexual Assault

2016 ◽  
pp. 1-14 ◽  
Author(s):  
Amanda Burgess-Proctor ◽  
Christopher G. Urban
Keyword(s):  
Sexual Assault ◽  
Definition Of

scholarly journals Educator Sexual Misconduct: A Statutory Analysis

2018 ◽  
Vol 31 (1) ◽  
pp. 133-153
Author(s):  
Mia J. Abboud ◽  
Guangzhen Wu ◽  
Amelie Pedneault ◽  
Mary K. Stohr ◽  
Craig Hemmens
Keyword(s):  
Sexual Assault ◽  
Sex Offenders ◽  
News Media ◽  
Sexual Misconduct ◽  
State Law ◽  
Child Sexual Assault ◽  
High Profile ◽  
Age Of Consent ◽  
Educator Sexual Misconduct ◽  
Definition Of

Educator sexual misconduct is a problem that has gained increased attention because of the high-profile cases reported by the news media. Yet, the diversity in state law regarding this offense remains somewhat unexplored. In this article, we compare and evaluate state statutory provisions regarding educator sexual misconduct; our focus is on what constitutes educator sexual misconduct, and what penalties are provided for offenders. As such, we explore the differences and similarities in statutory provisions across states in terms of the definition of child sexual assault, the age of consent, the penalties for various types of sexual misconduct perpetrated by teachers, and any requirement for registration as sex offenders. Our findings indicate that though the number of applicable statutes has almost doubled since 2010, there remains a wide variety in the definition and penalties included in those laws, and 21 states have not chosen to enact a specific law at all.

“When a Girl Says No, You Should Be Persistent Until She Says Yes”: College Students and Their Beliefs About Consent

2019 ◽  
pp. 088626051987555 ◽  
Author(s):  
Adrienne Baldwin-White
Keyword(s):  
College Students ◽  
Sexual Assault ◽  
Sexual Assault Prevention ◽  
Gender Expectations ◽  
Complex Concept ◽  
Complicating Factors ◽  
Sexual Encounters ◽  
Definition Of ◽  
Vague Language ◽  
Assault Prevention

One in five college women report being sexually assaulted with 23% to 45% of men reporting attempting or completing a sexual assault while attending a university. One important concept in preventing sexual assault is consent. It is important to ensure that when students are being asked to wait for consent, they understand what consent is and the potential ways it could manifest in a sexual situation. In total, 25 female and 20 male college students participated in semistructured focus groups or interviews to gain a better understanding of their perspectives of consent and how they ensure that it has been given. Results demonstrate that college students do not have a consistent, coherent, or precise definition of consent. Participants often described consent using vague language and were only able to clearly identify verbal indicators of consent. Much of the discussion of consent centered around an individual’s ability or inability to clearly and directly communicate his or her needs. Data also show that how students communicate about consent is influenced by gender expectations. There are multiple complicating factors when determining consent, including alcohol consumption. Participants discussed not understanding how to navigate sexual encounters when one or both parties had been consuming alcohol. Results also showed that there are multiple factors that may lead women to say yes to sex they don’t want, and men to not ask for consent. For college students, consent is a complex concept—a concept they may not have a practical and useful definition of. Sexual assault prevention must take steps to provide college students with a definition of consent informed by their experiences and the reality of their sexual encounters.

Forcible Rape

1977 ◽  
Vol 23 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Gerald D. Robin
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Justice System ◽  
Reasonable Doubt ◽  
Rape Victims ◽  
Basic Definition ◽  
Standard Of Proof ◽  
Legal Position ◽  
Definition Of

Forcible rape is unique among crimes in the manner in which its victims are dealt with by the criminal justice system. Raped women are subjected to an institutionalized sexism that begins with their treatment by the police, continues through a male-dominated criminal justice system influenced by pseudo-scientific notions of victim precipitation, and ends with the systematic acquittal of many de facto guilty rapists. The codification of sexism centers in the legal elements involved in proving guilt and obtaining convictions. In effect, the law's focus upon corrob oration, consent, and character has established a standard of proof in rape cases that is more stringent than "beyond a reasonable doubt." Nonetheless, the processing of rape victims by the criminal justice system is gradually becoming more sensitive, facilitative, and reflective of the trauma experienced by the women involved. The legal position toward the crime is also becoming less sexist and more responsive to the realities involved in sexual assault. Both of these changes have come about through the efforts of the women's liberation movement. The most promising means for achieving more humane and dignified treatment of rape victims in the arms of the law have been "rape crisis centers." This approach to eliminating institutionalized sexism surrounding forcible rape has been significantly aided and abetted by successful attempts to modify the basic definition of the crime and to revise the legal elements needed for conviction.

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.

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.

Sex

2018 ◽  
pp. 215-273
Author(s):  
Suzannah Lipscomb
Keyword(s):  
Sexual Abuse ◽  
Sexual Assault ◽  
Sexual Intercourse ◽  
Use Of Force ◽  
Marriage Formation ◽  
Definition Of ◽  
False Accusations

Section 1 considers sexual intercourse outside marriage, known as paillardise. Drawing on two hundred cases, it examines attitudes to sexual sin and the circumstances that aroused suspicion. It looks at the prevalence of sex after engagement, and how sex acted as a step in marriage formation, meaning women could be lured into sex by promises to marry. It also considers sex outside the context of promises to marry, and the cohabitation of unmarried couples. Section 2 considers over a hundred cases of sexual assault, many outside the legal contemporary definition of rape. It considers the identity of the predators, the circumstances of sexual abuse, the use of force and coercion, plus threats, promises, and persuasion. It also considers sexual assault in the context of conditional consent, the consequences of assault for women, and women’s strategies in the context of rape and abuse. It finishes by looking at false accusations.

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