Download or read book Implied Consent and Sexual Assault written by Michael Plaxton and published by McGill-Queen's Press - MQUP. This book was released on 2015-11-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Putting Trials on Trial written by Elaine Craig and published by McGill-Queen's Press - MQUP. This book was released on 2018-02-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
Download or read book Date Rape and Consent written by Mark Cowling and published by Routledge. This book was released on 2018-12-17 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: First publisghed in 1998, this book Mark Cowling attempts to make sense of this massive discrepancy, much of which is now based on how 'date rape' is understood. After a review of the way rape is dealt with in Britain he examines the survey evidence. One major issue he identifies is that of the boundary between rape and normal sex. Arguing this cannot be sharply defined he uses philosophical techniques to look at the issues involved, particularly those of communicative sexuality and of the imbalance of power between men and women. The implications for philosophy, the law and psychological research are considered.
Download or read book Sobering Consent written by Alex Von Anderson and published by Createspace Independent Publishing Platform. This book was released on 2017-10-24 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: High school and college are life-changing events for young people. Freedom, educational opportunities and new relationships await. However, very few students are entering the educational arena with the training they need to protect themselves from sexual violence and sexual predators. Studies consistently show that female students are sexually assaulted at significant rates, and what is often less reported, male students are also victims of sexual assault, and men are at risk of being falsely accused of sexual assault. Sobering Consent: Sexual Assault, Rape and False Claims-4 Lessons Every Student, Parent and Educator Must Learn provides readers with a simple explanation of the law, and offers important strategies to prevent student sexual violence. Part One-Consent-tells four short stories that are inspired by real criminal cases. After reading this section, students will clearly understand what sexual consent means, how to be sure that sex is consensual, and how alcohol affects consent and sexual assault claims. Part Two-On-Campus Sexual Assault-explains the legal framework that schools must follow to educate their students about sexual assault, adjudicate claims and provide students with resources and support. Inspired by real criminal cases, Part Two of the book tells the story of three "he said/she said" cases to explain the tension between victims' rights and due process rights. This section provides readers with critical information to successfully navigate this tumultuous issue. Part Three-Law Enforcement-explains rape myths and rape biases, and their effects on law enforcement. Understanding law enforcement is necessary for students, parents and most importantly educators. Part Four -Solutions-offers illuminating ways that students can mitigate their risk of sexual assault and false claims by creating mental models to protect themselves from danger. Mental models prepare students to make split-second decisions under stress. This section also offers solutions that institutions and institutional leaders can implement. The author earned a Bachelor of Arts degree from the University of California at Berkeley, a Juris Doctorate degree from the University of California at Los Angeles School of Law, and is licensed to practice law in multiple states.
Download or read book Representing Rape written by Susan Ehrlich and published by Routledge. This book was released on 2003-08-27 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Rape is the first feminist analysis of the language of sexual assault trials from the perspective of linguists. Susan Ehrlich argues that language is central to all legal settings - specifically sexual harassment and acquaintance rape hearings where linguistic descriptions of the events are often the only type of evidence available. Language does not simply reflect but helps to construct the character of the people and events under investigation. The book is based around a case study of the trial of a male student accused of two instances of sexual assault in two different settings: a university tribunal and a criminal trial. This case is situated within international studies on rape trials and is relevant to the legal systems of the US, Canada, Britain, Australia, and New Zealand. She shows how culturally-dominant notions about rape percolate through the talk of sexual assault cases in a variety of settings and ultimately shape their outcome. Ehrlich hopes that to understand rape trials in this way is to recognize their capacity for change. By highlighting the underlying preconceptions and prejudices in the language of courtrooms today, this important book paves the way towards a fairer judicial system for the future.
Download or read book Texts of Terror written by Phyllis Trible and published by . This book was released on 2002 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Phyllis Trible examines four Old Testament narratives of suffering in ancient Israel: Hagar, Tamar, an unnamed concubine and the daughter of Jephthah. These stories are for Trible the "substance of life", which may imspire new beginnings and by interpreting these stories of outrage and suffering on behalf of their female victims, the author recalls a past that is all to embodied in the present, and prays that these terrors shall not come to pass again. "Texts of Terror" is perhaps Trible's most readable book, that brings biblical scholarship within the grasp of the non-specialist. These "sad stories" about women in the Old Testament prompt much refelction on contemporary misuse of the Bible, and therefore have considerable relevance today.
Download or read book Colonizing Consent written by Elizabeth Thornberry and published by Cambridge University Press. This book was released on 2019 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a wealth of court records, Colonizing Consent shows how rape cases were caught up in, and helped shape, the major political debates in colonial South Africa.
Download or read book Voices of the Survivors written by Patricia Weiser Easteal and published by Spinifex Press. This book was released on 1994 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful and moving stories from survivors of sexual assault.
Download or read book The Dark Side of Courtship written by Sally A. Lloyd and published by SAGE. This book was released on 2000 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The negative interactions that take place between dating and courting partners, most notably physical aggression and sexual exploitation, are explored in this volume. The authors blend qualitative interviews with current research findings.
Download or read book A National Protocol for Sexual Assault Medical Forensic Examinations written by and published by . This book was released on 2004 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defending Battered Women on Trial written by Elizabeth A. Sheehy and published by UBC Press. This book was released on 2013-12-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Download or read book The Violence of Care written by Sameena Mulla and published by NYU Press. This book was released on 2014-08-29 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year in the U.S., thousands of women and hundreds of men participate in sexual assault forensic examinations. Sameena Mulla reveals the realities of sexual assault response in the forensic age. She analyzes the ways in which nurses work to collect and preserve evidence while addressing the needs of sexual assault victims as patients.Mulla argues that blending the work of care and forensic investigation into a single intervention shapes how victims of violence understand their own suffering, recovery, and access to justice-in short, what it means to be a "victim".
Download or read book Captive Prince written by C. S. Pacat and published by Penguin. This book was released on 2015-04-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: From global phenomenon C. S. Pacat comes the first novel in her critically acclaimed Captive Prince romance trilogy. “A special, unforgettable series…Lush. Brutal. Unparalleled.”—Sarah J. Maas, #1 New York Times bestselling author Damen is a warrior hero to his people, and the rightful heir to the throne of Akielos. But when his half brother seizes power, Damen is captured, stripped of his identity, and sent to serve the prince of an enemy nation as a pleasure slave. Beautiful, manipulative, and deadly, his new master, Prince Laurent, epitomizes the worst of the court at Vere. But in the lethal political web of the Veretian court, nothing is as it seems, and when Damen finds himself caught up in a play for the throne, he must work together with Laurent to survive and save his country. For Damen, there is just one rule: never, ever reveal his true identity. Because the one man Damen needs is the one man who has more reason to hate him than anyone else... Includes a bonus short story!
Download or read book Sexual Assault in Canada written by Elizabeth A. Sheehy and published by University of Ottawa Press. This book was released on 2012-09-29 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Download or read book A Review of the Literature on Sexual Assault Perpetrator Characteristics and Behaviors written by Sarah Michal Greathouse and published by Rand Corporation. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Sexual assault continues to be a pervasive problem, both for society in general and within the military community. To assist the Air Force in its continued efforts to combat sexual assault within its ranks, we reviewed the existing empirical literature on the characteristics and behaviors of adult perpetrators who commit sexual assault against other adults. Our search was not limited to studies of military populations. While a vast majority of the existing literature has focused on sole male perpetrators who assault female victims, we identified some research on other types of perpetrators, including female sexual assault perpetrators, men who perpetrate assault against other men, and perpetrators who participate in group sexual assault. This body of research indicates that adult perpetrators are diverse in terms of their demographics, background characteristics, and motivations. Moreover, research indicates that sexual assault perpetration is likely influenced by a combination of factors, including an individual's developmental and family history; his or her personality, including attitudes/cognitions; and environmental factors, including peer attitudes and alcohol consumption. The complexity of factors that influence sexual assault perpetration and the multiple pathways that lead to an attack make it difficult to predict whether an individual is prone to commit sexual assault. While predicting sexual assault perpetration is problematic, we identified a number of factors related to perpetration that may be relevant for intervention efforts and offer recommendations for the Air Force"--Publisher's web site.
Download or read book Consent to Sexual Relations written by Alan Wertheimer and published by Cambridge University Press. This book was released on 2003-09-18 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important discussion of philosophical issues surrounding consent to sexual relations.
