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For years, federal courts have recognized the sexual victimization of inmates as cruel and unusual punishment under the Eighth Amendment. (1) But it is unclear what relief inmates who experience [...]

Intersectionality refers to the synergistic interaction between various facets of an individual s identities that may result in compounded oppression. While intersectionality discourse has been around since the '80s, the [...]

Abstract: Laws that shield men from punishment if they marry their victims are so ubiquitous that their genesis is impossible to identify. Rather than attempting to trace the colonial or [...]

INTRODUCTION On April 27, 2017, the appellate chamber of the Extraordinary African Chambers (EAC) in the Courts of Senegal upheld the conviction of Hissene Habre, former president of Chad, for [...]

I INTRODUCTION The crime of rape is defined in Queensland (as it is throughout Australia) as sexual intercourse without free and voluntary consent. (1) The notion of free and voluntary [...], This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant's social behaviour, relationship to the defendant or lack of overt resistance that are at odds with the definition of free and voluntary consent. The excuse has also led to problematic results in cases involving impaired capacity (such as intoxication, mental incapacity or linguistic incapacity) by the defendant or the complainant. We canvass two potential reforms aimed at addressing these issues. The first would render the excuse inapplicable to the issue of consent in rape and sexual assault cases, while the second would limit the excuse to address its most troubling outcomes.

TABLE OF CONTENTS INTRODUCTION 1688 I. STATE ENFORCEMENT ALONE HAS MADE LITTLE PROGRESS AGAINST RAPE 1693 A. Extent and Trend of Victimization 1693 B. Reporting, Complaint Processing, Prosecutions, and 1700 [...], Sexual assault remains at high levels despite decades of legal reforms. The recent wave of accusations against public figures signals both the persistence of the problem and a new political climate for addressing it. The Article argues that Congress should make forcible rape a federal crime, to the limits of the Commerce Clause. This would bring federal assets to the fight against rape by redirecting them from enforcement of possessory crimes. The simple statutory proposal might be accompanied by a more ambitious reorganization of the Justice Department to include a Bureau of Violent Crimes. Replies are offered to objections based on federalism, feminism, civil liberties, and systemic feedback loops.

In State v. Medicine Eagle, the Supreme Court of South Dakota held that the trial court lacked jurisdiction to sentence Gabriel Medicine Eagle as a habitual offender due to an [...]

I. INTRODUCTION Sexual assault and rape on college and university campuses is a significant problem in the United States, (1) as demonstrated by the national media attention paid to the [...]

III. CAMPUS SEXUAL ASSAULT REFORM An increasing awareness of the widespread nature of campus sexual assault facilitated legal change at the state and federal level to address it. No matter [...]

FEATURE CONTENTS INTRODUCTION I. RAPE LAW REFORM A. Traditional Rape Law B. Progressive Rape Law Reform C. Conservative Rape Law Reform II. RESPONSE TO RAPE LAW REFORM A. Continued Failure [...], The forty-year history of rape law reform sheds light on current debates around the adjudication of campus sexual assault. Two strands of rape law reform are important. The first, a progressive reform movement, abolished the unique procedural hurdles in rape prosecutions. That movement is now transforming the key elements of the crime: force and nonconsent. The second reform movement, conservative in nature, increased criminal and civil punishments for rape. While there has been a backlash to the reformation of force and nonconsent, there has been little political or scholarly opposition to the imposition of increased punishments for rape. The Office for Civil Rights at the Department of Education recently clarified that Title DC, which outlaws sex discrimination in education, requires colleges and universities to respond promptly and equitably to allegations of campus sexual assault. In addition, colleges and universities are increasingly adopting affirmative consent rules, a standard higher than most state criminal codes, to govern sexual activity on campus. These progressive changes in campus sexual assault adjudication have faced a backlash, mirroring the backlash to progressive rape law reform. Rape law's evolution over time suggests not only that we should support campus adjudication of sexual assault under an affirmative consent standard, but also that we should oppose both unique procedural protections for those accused and mandatory punishments for those found responsible.

C. Sexual Autonomy [not equal to] Consent Despite Rubenfeld's and Spindelman's otherwise contrary critiques of sexual autonomy--overreaching and under-protective, respectively--both authors equate sexual autonomy with consent. If sexual assault law [...]

2. Capturing Status No matter how (re)furbished, consent is not synonymous with nor solely constitutive of sexual autonomy, now relationally defined and inclusive of persons historically ejected from autonomy's ambit. [...]

Abstract Does a right to sexual autonomy criminalize the embellished pick-up line? Or does a right to sexual autonomy permit each and every consensual sex act, however life-threatening, or even [...]

In this symposium contribution, I have been asked to address current issues regarding incarcerated lesbian, gay, bisexual, and transgender (LGBT) people. A major development affecting LGBT prisoners over the past [...]

Abstract In this Article, I critically examine the role of normative masculinity in determining the shape and scope of the criminal law doctrine of rape by fraud, which purports to [...]

E. Proportionality and the Mishnaic Ruling In summary, it would appear that although the term "proportionality" does not appear in the sages' lexicon, the essential concept of proportionality plays a [...]

Abstract Is a victim of sexual assault permitted, similar to a victim of a life-threatening attack, to defend herself by using deadly force against the attacker? While the practical significance [...]

I don't even know how to begin this story. I do my best to shove it deep down inside and keep it there, out of sight. But something needs to [...]

IV. THE MERITS OF DECEPTIVE SEX AND OF SEXUAL AUTONOMY Which leaves rape law with two paths to choose from. Two postulates of American sex law turn out to be [...]

ARTICLE CONTENTS INTRODUCTION I. SEXUAL AUTONOMY AS THE FUNDAMENTAL PRINCIPLE OF AMERICAN SEX LAW A. Sexual Autonomy and the Right to Privacy B. Sexual Autonomy and Decriminalization C. Sexual Autonomy [...], 'Rape-by-deception' is almost universally rejected in American criminal law. But if rape is sex without the victim's consent-as many courts, state statutes, and scholars say it is-then sex-by-deception ought to be rape, because as courts have held for a hundred years in virtually every area of the law outside of rape, a consent procured through deception is no consent at all. Moreover, rejecting rape-by-deception fails to vindicate sexual autonomy, which is widely viewed today as rape law's central principle and, indeed, as a constitutional right. This Article argues against the idea of sexual autonomy and against the understanding of rape as unconsented-to sex. A better understanding, it is argued, can be arrived at by comparing rape to slaver), and torture, which are violations of a person's fundamental right to self-possession. This view of rape can explain the rejection of rape-by-deception, which current thinking cannot, but it will also suggest that rape law's much-maligned force requirement may not be so malign after all.

III. OTHER CONTEXTS This Part considers other areas of law in which pregnancy is represented. It reveals that the sexual assault statues under discussion are somewhat exceptional because it is [...]

Abstract This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in [...]

2. Sexual Violence Jurisprudence at the ICC The international trend toward prosecuting crimes of sexual violence advanced by the ICTY and ICTR continued with the founding of the ICC in [...]

Introduction I. The Evolving Status of Sexual Violence in International Law A. Proscription of Sexual Violence in Modern International Humanitarian Law B. Prosecution of Crimes of Sexual Violence by International [...]

I. INTRODUCTION When Jackie Tates entered the Sacramento County Main Jail to await trial, she was a petite 125 pounds, standing only 5'6" tall. (1) The thirty-six year old inmate [...]

CONTENTS I Introduction II Rape Law Reform in Victoria III The Worsnop Decision IV After Worsnop V Further Reform? VI Options for Reform VII Conclusion I INTRODUCTION Rape laws in [...], [The 2010 decision of the Victorian Court of Appeal in Worsnop v The Queen provides yet another example of rape law reform not achieving its intended effects. The Court held that a jury direction on the mental element of rape, introduced by the Crimes Amendment (Rape) Act 2007 (Vic), had not altered the law in the ways imagined by the Act's drafters and supporters. Specifically, Worsnop determined that a jury cannot convict for rape if they find there is a reasonable possibility that the accused held an honest belief in consent (however unreasonable or mistaken). On this point, the Court found that both the Bill's Explanatory Memorandum and the Victorian Criminal Charge Book were incorrect. This note argues that further statutory reform will now be required to ensure that the fault element' for rape in Victoria is brought into line with the communicative model of sexual relations enshrined in other sections of the Crimes Act 1958 (Vie).]

TABLE OF CONTENTS INTRODUCTION I. THE BLACK LETTER/WHITE LETTER LAW OF RAPE A. The Black Letter Law of Rape B. The Black Letter/White Letter Law of Rape 1. Explicit Laws [...]

Dans cet article l'auteure assure que la rhetorique du consentement utilisee dans l'activisme anti-viol actuel est obnubilee par la presence de la coercition sexuelle dans les relations heterosexuelles La sexualite [...]

En Afrique du Sud, la loi 32 de 2007 sur les offenses sexuelles a ete redefinie et repandue a une grande echelle. Ce texte examine la redefinition du consentement en [...]

A former secretary-treasurer of the Comanche Nation was convicted in Lawton on two counts of first-degree rape and sentenced to 20 years in prison, the prosecutor said. Melvin Ray Kerchee, [...]

In 1960, To Kill a Mockingbird (1) was published to significant popular acclaim: a reception that has proved enduring. Mockingbird remains one of the most widely circulated works in United [...]

Most studies of rape-law reform outcomes focus on single cases. We advance this literature by studying outcomes more systematically--leveraging new cross-national and longitudinal reform data--and showing that reform outcomes have both global and national determinants. Our exploratory analyses show three main findings: (1) Rape-law reforms are strongly associated with elevated police reporting between 1945 and 2005. (2) The strength of the association depends on domestic contexts. The association is stronger in countries characterized by individualism, women's mobilization, wealth, and education; it is weaker in countries with greater democracy and police strength. (3) The strength of the association also depends on global contexts. It is stronger in countries with dense linkages to world society and weaker under conditions of global institutionalization, as widespread diffusion gives rise to both ceremony without substance (i.e., domestic rape-law reforms without subsequent increases in reporting) and substance without ceremony (increased police reporting without antecedent reforms). In multivariate regression analyses, rape-law reforms, women's mobilization, and links to world society all have positive and significant effects on police reporting. It appears that both global and domestic contexts--together and independently--importantly shape policy and practice.

[A central feature of the Australian court system is the use of cross-examination as the main means by which eyewitness evidence is tested The ability to test evidence by cross-examination [...]