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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 [...]