Implied Consent and Sexual Assault
Author: Michael Plaxton
Publisher: McGill-Queen's Press - MQUP
Published: 2015
Total Pages: 281
ISBN-13: 0773546197
DOWNLOAD EBOOKRevisiting the doctrine of implied consent in Canadian sexual assault law.
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Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Published: 2020-01-16
Total Pages: 507
ISBN-13: 1108483399
DOWNLOAD EBOOKA comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Consent to Sexual Relations
Author: Alan Wertheimer
Publisher: Cambridge University Press
Published: 2003-09-18
Total Pages: 314
ISBN-13: 9780521536110
DOWNLOAD EBOOKAn important discussion of philosophical issues surrounding consent to sexual relations.
The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
Published: 2014-11-27
Total Pages: 1294
ISBN-13: 0191654604
DOWNLOAD EBOOKThe Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Consent, Stealthing and Desire-Based Contracting in the Criminal Law
Author: Brianna Chesser
Publisher: Routledge
Published: 2021-12-24
Total Pages: 105
ISBN-13: 1000537927
DOWNLOAD EBOOKConsent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
Violence against Women
Author: Stanley G. French
Publisher: Cornell University Press
Published: 2018-10-18
Total Pages: 274
ISBN-13: 1501724215
DOWNLOAD EBOOKThis is the first anthology to take a theoretical look at violence against women. Each essay shows how philosophy provides a powerful tool for examining a difficult and deep-rooted social problem. Stanley G. French, Wanda Teays, and Laura M. Purdy, all philosophers, present a familiar phenomenon in a new and striking fashion.The editors employ a two-tiered approach to this vital issue. Contributors consider both interpersonal violence, such as rape and battering; and also systemic violence, such as sexual harassment, pornography, prostitution, and violence in a medical context. The editors have further broadened the discussion to include such cross-cultural issues as rape in war, dowry deaths, female genital mutilation, and international policies on violence against women. Against this wide range of topics, which integrate personal perspectives with the philosophical, the contributors offer powerful analyses of the causes and effects of violence against women, as well as potential policies for effecting change.
Criminalizing Sex
Author: Stuart P. Green
Publisher:
Published: 2020
Total Pages: 409
ISBN-13: 0197507484
DOWNLOAD EBOOKIn the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.
Sexual Offences
Author: Samantha Pegg
Publisher: Routledge
Published: 2016-03-10
Total Pages: 229
ISBN-13: 1317616391
DOWNLOAD EBOOKSexual Offences: Law and Context presents the substantive law governing sexual offending in England and Wales in its socio-legal and historical context. It outlines the complexities of the Sexual Offences Act 2003, associated pieces of legislation and the common law offences in a clear, linear narrative. The book highlights and discusses key themes in the contemporary law including rape and consent, sexual offences against children, abuse of people with mental disorders, pornography offences, and prostitution. It offers a critical discussion of challenges for the law and potential ways forward for the future. Designed to be a comprehensive overview, Sexual Offences: Law and Context will be an invaluable resource for students of law and criminology taking courses on sexual offences or pursuing research in this area.
Campuses of Consent
Author: Theresa A. Kulbaga
Publisher: University of Massachusetts Press
Published: 2019
Total Pages: 0
ISBN-13: 9781625344588
DOWNLOAD EBOOKThis new book for scholars and university administrators offers a provocative critique of sexual justice language and policy in higher education around the concept of consent. Complicating the idea that consent is plain common sense, Campuses of Consent shows how normative and inaccurate concepts about gender, gender identity, and sexuality erase queer or trans students' experiences and perpetuate narrow, regressive gender norms and individualist frameworks for understanding violence. Theresa A. Kulbaga and Leland G. Spencer prove that consent in higher education cannot be meaningfully separated from larger issues of institutional and structural power and oppression. While sexual assault advocacy campaigns, such as It's On Us, federal legislation from Title IX to the Clery Act, and more recent affirmative-consent measures tend to construct consent in individualist terms, as something given or received by individuals, the authors imagine consent as something that can be constructed systemically and institutionally: in classrooms, campus communication, and shared campus spaces.
Representing Rape
Author: Susan Ehrlich
Publisher: Routledge
Published: 2003-08-27
Total Pages: 188
ISBN-13: 1134627653
DOWNLOAD EBOOKRepresenting 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.
