Consent And Sexual Offenses
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Consent And Sexual Offenses
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Author : Elisa Hoven
language : en
Publisher: Nomos Verlag
Release Date : 2022-12-06
Consent And Sexual Offenses written by Elisa Hoven and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-06 with Law categories.
In sexuellen Beziehungen macht die Einwilligung der Beteiligten den Unterschied zwischen Vergnügen und Verbrechen. Die Voraussetzungen rechtlich wirksamer Einwilligung sind jedoch schwer festzustellen, da sexuelle Beziehungen stark von ihrem persönlichen, sozialen und kulturellen Kontext geprägt sind. Dieser Band enthält Berichte und Essays von Expert:innen aus 11 Ländern sowie eine rechtsvergleichende Synopse zur Einwilligung in sexuelle Handlungen. Er bietet allen, die an grundsätzlichen Fragen und rechtspolitischen Entwicklungen des Sexualstrafrechts interessiert sind, zahlreiche aktuelle Informationen und neue Ideen. Elisa Hoven und Thomas Weigend beschäftigen sich seit langem intensiv mit Strafrechtspolitik und Rechtsvergleichung. Mit Beiträgen von Asst.-Prof. Dr. Baris Atladi; Dr. Gian Marco Caletti; Dr. Andrew Dyer, LL.B, LL.M; Prof. Aya Gruber, J.D.; Dr. Lyndon Harris, Barrister; Prof. Dr. Elisa Hoven; Prof. Dr. Wojciech Jasiński; Dr. Karolina Kremens; Prof. Dr. Kai Lindenberg; Dr. Sebastian Mayr; Dr. Hannah Quirk; Dr. Nora Scheidegger; Univ.-Prof. Dr. Kurt Schmoller; Dr. Linnea Wegerstad und Prof. Dr. Thomas Weigend.
Implied Consent And Sexual Assault
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Author : Michael Plaxton
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2015-11-01
Implied Consent And Sexual Assault written by Michael Plaxton and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-01 with Law categories.
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.
Consent Stealthing And Desire Based Contracting In The Criminal Law
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Author : Brianna Chesser
language : en
Publisher: Routledge
Release Date : 2021-12-24
Consent Stealthing And Desire Based Contracting In The Criminal Law written by Brianna Chesser and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with Law categories.
Consent, 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.
Sexual Offences
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Author : Samantha Pegg
language : en
Publisher: Routledge
Release Date : 2016-03-10
Sexual Offences written by Samantha Pegg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-10 with Law categories.
Sexual 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.
Making Sense Of Sexual Consent
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Author : Mark Cowling
language : en
Publisher: Routledge
Release Date : 2017-03-02
Making Sense Of Sexual Consent written by Mark Cowling and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Psychology categories.
The issue of sexual consent has stimulated much debate in the last decade. The contributors to this illuminating volume make sense of sexual consent from various conceptual standpoints: socio-legal, post-structural, philosophical and feminist. The volume comprises a range of studies, all based around consent within a specific context such as criminal justice, homosexuality, sadomasochism, prostitution, male rape, learning disabilities, sexual ethics, and the age of consent. It is the first collection to publish exclusively on issues of sexual consent, and both makes sense of sexual consent in contemporary society and guides debate towards better consent standards and decisions in the future. Making Sense of Sexual Consent will excite considerable discussion amongst academics, professionals and all those who think that freedom to make decisions about our sexual selves is important. It will set the agenda for debate on sexual consent into the 21st Century.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Sexual Offense Laws In Kenya Legal Framework And The Role Of Consent
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Author : Michael Mutinda
language : en
Publisher: GRIN Verlag
Release Date : 2020-08-18
Sexual Offense Laws In Kenya Legal Framework And The Role Of Consent written by Michael Mutinda and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-18 with Law categories.
Seminar paper from the year 2018 in the subject Law - Criminal process, Criminology, Law Enforcement, Moi University, language: English, abstract: This research examines the legal framework for governing sexual consent and accessing whether it has been successful or not. This research will also propose reforms on the legal framework governing sexual consent for the strengthening of laws on sexual offenses in Kenya. Sexual offenses remain a major challenge that Kenya is facing today. Sexual offenses have adverse effects of derailing not only ones legal, social and economic development but also that of the country as a whole. There is a high prevalence of gender‐based violence in Kenya. Sexual violence takes many forms, including rape, sexual assault, defilement, incest, and many others. This type of violence is a reflection of gender inequality in a society where mostly men exercise power over women and girls. The Sexual Offenses Act, 2006 was passed in order to deal with the problem of sexual violence since sexual offenses were previously governed by the Penal Code.
Marital Rape
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Author : Kersti Yllö
language : en
Publisher: Oxford University Press
Release Date : 2016
Marital Rape written by Kersti Yllö and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Social Science categories.
... Globally, the nature of marriage is changing and so are notions of individual choice, love, intimacy, and rigid gender roles. [This book] documents wide ranging and fluid understandings of sex, consent, and rape in marriage. Such an array of perspectives demands an international and interdisciplinary approach to the study of sex and gender-based violence ...
Consent
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Author : Alan Reed
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-14
Consent written by Alan Reed and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-14 with Law categories.
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Sexual Offenses In International Criminal Law
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Author : Donja de Ruiter
language : en
Publisher:
Release Date : 2011
Sexual Offenses In International Criminal Law written by Donja de Ruiter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with International crimes categories.
In national criminal law, rape is a type of sexual assault usually involving sexual intercourse by one person against another person without the other person's consent. When it becomes part of a widespread and systematic practice, rape - as well as sexual slavery - is recognized as a crime against humanity and a war crime. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group. The book examines the case law of international criminal Tribunals and provides for a digest of cases related to this crime.
