Results for 'sexual assault'

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  1. The Law and Ethics of Virtual Sexual Assault.John Danaher - forthcoming - In Enter Author Name Without Selecting A. Profile: Woodrow Barfield & Enter Author Name Without Selecting A. Profile: Marc Blitz (eds.), The Law of Virtual and Augmented Reality. Cheltenham, UK: Edward Elgar Press.
    This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute (...)
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  2. Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, (...)
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  3. Could There Ever Be an App for That? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed (...)
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  4.  95
    Credibility Excess and the Social Imaginary in Cases of Sexual Assault.Audrey S. Yap - 2017 - Feminist Philosophy Quarterly 3 (4):1-24.
    Open Access: This paper will connect literature on epistemic injustice with literature on victims and perpetrators, to argue that in addition to considering the credibility deficit suffered by many victims, we should also consider the credibility excess accorded to many perpetrators. Epistemic injustice, as discussed by Miranda Fricker, considers ways in which someone might be wronged in their capacity as a knower. Testimonial injustice occurs when there is a credibility deficit as a result of identity-prejudicial stereotypes. However, criticisms of Fricker (...)
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  5.  37
    "No" Means No: Feminist and Victim Understandings of Sexual Assault.Heidi Savage - manuscript
    This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex (...)
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  6. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual (...)
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  7. Honest Beliefs, Credible Lies, and Culpable Awareness: Rhetoric, Inequality, and Mens Rea in Sexual Assault.Lucinda Vandervort - 2004 - Osgoode Hall Law Journal 42 (4):625-660.
    The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis (...)
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  8. Sexual Assault: Availability of the Defence of Belief in Consent.Lucinda Vandervort - 2005 - Canadian Bar Review 84 (1):89-105.
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
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  9. Theorizing a Spectrum of Aggression: Microaggressions, Creepiness, and Sexual Assault.Emma McClure - 2019 - The Pluralist 14 (1):91-101.
    Microaggressions are seemingly negligible slights that can cause significant damage to frequently targeted members of marginalized groups. Recently, Scott O. Lilienfeld challenged a key platform of the microaggression research project: what’s aggressive about microaggressions? To answer this challenge, Derald Wing Sue, the psychologist who has spearheaded the research on microaggressions, needs to theorize a spectrum of aggression that ranges from intentional assault to unintentional microaggressions. I suggest turning to Bonnie Mann’s “Creepers, Flirts, Heroes and Allies” for inspiration. Building from (...)
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  10.  14
    Sex and Sexual Assault in the #Metoo Era.Benjamin H. Arbour - 2020 - Think 19 (55):33-53.
    In a philosophical dialogue, Thomas the traditionalist, Harvey the hedonist, and Eric the economist each discuss their respective views concerning the ethics of human sex acts. In the course of their conversation, it becomes clear that if sex is to be treated like any other pleasure, it is very difficult to explain what is so bad about rape and/or other forms of sexual assault. Taking any kind of sexual assault to be bad, therefore, requires adopting a (...)
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  11.  87
    Anti-Carceral Feminism and Sexual Assault—A Defense.Chloë Taylor - 2018 - Social Philosophy Today 34:29-49.
    Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, (...)
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  12.  55
    Another Look at the Legal and Ethical Consequences of Pharmacological Memory Dampening: The Case of Sexual Assault.Jennifer A. Chandler, Alexandra Mogyoros, Tristana Martin Rubio & Eric Racine - 2013 - Journal of Law, Medicine and Ethics 41 (4):859-871.
    Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies a second look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We analyze this (...)
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  13.  21
    Sexual Assault and the Meaning of Power and Authority for Women with Mental Disabilities.Janine Benedet & Isabel Grant - 2014 - Feminist Legal Studies 22 (2):131-154.
    The sexual assault of persons with mental disabilities occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power (...)
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  14.  14
    An Exploration of the Ethics of Collecting Forensic Evidence From Sexual Assault Survivors.Leona Bruijns - 2019 - International Journal of Feminist Approaches to Bioethics 12 (1):61-76.
    Sexual assault is extremely common in many societies, and it is overwhelmingly a gendered phenomenon. Many studies have shown that women experience sexual violence at high rates, including a recent study by Senn and colleagues that found 35 percent of respondents in college had already experienced at least one attempted rape or completed rape. The continued high prevalence of sexual assault demands the attention of feminist scholarship. Feminist bioethicists must contribute to these discussions, particularly discussions (...)
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  15.  18
    Ethics in College Sexual Assault Research.Cari B. Rosoff - 2018 - Ethics and Behavior 28 (2):91-103.
    The persistently high rates of sexual assault on college campuses have led to an increasing demand for a solution to the problem. In response, research in the field is growing rapidly. With any expanding field, proper focus needs to be given to ethical dilemmas that may arise when studying a sensitive topic. College students who have experienced a sexual assault are a highly vulnerable population. As the current literature is limited, this article considers the ethical implications (...)
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  16.  32
    Developing a Policy for Sexual Assault Examinations on Incapacitated Patients and Patients Unable to Consent.Mary E. Carr & Alda L. Moettus - 2010 - Journal of Law, Medicine and Ethics 38 (3):647-653.
    Sexual assault examinations consist of a medical evaluation and forensic evidence collection. Usually the patient signs a consent form allowing the examination to occur. Occasionally circumstances exist that render a patient unable to give consent for this examination. Such circumstances include young age, mental health disease, cognitive delay, or drug/alcohol ingestion. This article provides suggestions for developing a policy allowing a sexual assault examination to be conducted without patient consent. A sample of such a policy is (...)
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  17.  1
    Intellectual Disability, Sexual Assault, and Empowerment.Virginia L. Warren - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. Springer.
    Girls and women with intellectual disabilities, such as Down syndrome, have a shockingly high rate of rape and sexual assault—12 times the rate of persons without disabilities. The perpetrators are often caretakers, who repeatedly violate them. Empowerment is a better framework than autonomy to address this crisis. A conception of autonomy common in healthcare is individualistic and stresses rationality. It may disempower those deemed not competent to make autonomous decisions. By contrast, empowerment calls for changes that are nuanced, (...)
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  18.  4
    Contestable Motives of Reporting Sexual Assault Based on Research Conducted in the Region of Silesia.Bogdan Lach - 2015 - Polish Psychological Bulletin 46 (1):65-71.
    Contestable motives of filing reports comprise a set of factors which were not present in the origin of the reported criminal act, as stated by the reporting individual. The objective of such reports is to create circumstances which would lead to the either an imaginary or implicated perpetrator being brought to criminal justice. These types of reports generate a number of doubts and investigative problems. Recently, in the light of newly introduced legislative changes into the methods of investigative procedures in (...)
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  19. Animal-Assisted Prolonged Exposure: A Treatment for Survivors of Sexual Assault Suffering Posttraumatic Stress Disorder.Indira Paharia, Dennis Debiak, James Bleiberg, Maurice Prout & Carin Lefkowitz - 2005 - Society and Animals 13 (4):275-296.
    This paper proposes the development of a new model of treatment for survivors of sexual abuse suffering from Posttraumatic Stress Disorder. Foa, Rothbaum, Riggs, and Murdock and Foa, Rothbaum, and Furr support Prolonged Exposure as a highly effective treatment for PTSD. However, PE can be intimidating to survivors, contributing to hesitancy to participate in the treatment. This paper posits that animal-assisted therapy will decrease anxiety, lower physiological arousal, enhance the therapeutic alliance, and promote social lubrication. The paper also posits (...)
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  20. Sexual Assault and the Problem of Consent.Patricia Kazan - 1998 - In Stanley French, Wanda Teays & Laura Purdy (eds.), Violence Against Women: Philosophical Perspectives. Cornell University Press. pp. 27--42.
  21.  16
    Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia. [REVIEW]Peter D. Rush - 2011 - Feminist Legal Studies 19 (1):47-73.
    The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 (...)
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  22. Evaluation of the Mechanism of Action of Anti-Fertility Treatment in Cases of Sexual Assault: Moral Certitude and Human Acts.Thomas Davis - 2017 - In Jason Eberl (ed.), Contemporary Controversies in Catholic Bioethics. Springer.
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  23.  13
    Another Look at the Legal and Ethical Consequences of Pharmacological Memory Dampening: The Case of Sexual Assault.Jennifer A. Chandler, Alexandra Mogyoros, Tristana Martin Rubio & Eric Racine - 2013 - Journal of Law, Medicine and Ethics 41 (4):859-871.
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  24.  31
    Anti-Carceral Feminism and Sexual Assault—A Defense in Advance.Chloë Taylor - forthcoming - Social Philosophy Today.
  25.  5
    Exploring the Origins of Blame: The Role of Empathy and Gender Role Conformity in Blaming Victims of Sexual Assault.Kaitlyn Attreed & Desirée Kozlowski - 2018 - Frontiers in Psychology 9.
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  26.  12
    A Distorting Mirror: Educational Trajectory After College Sexual Assault.Claire Raymond & Sarah Corse - 2018 - Feminist Studies 44 (2):464.
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  27.  30
    New Hope for Victims of Prison Sexual Assault.Julie Samia Mair, Shannon Frattaroli & Stephen P. Teret - 2003 - Journal of Law, Medicine and Ethics 31 (4):602-606.
  28.  7
    Physician Sexual Assault: The Moral Imperative for Gender Equity in Medicine.Alyssa M. Burgart - 2019 - American Journal of Bioethics 19 (1):4-6.
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  29.  14
    Jennifer Temkin and Barbara Krahé, Sexual Assault and the Justice Gap: A Question of Attitude: Hart Publishing, Oxford, 2008, 258 Pp, Price £30.00 , ISBN: 9781841126707. [REVIEW]Georgina Firth - 2009 - Feminist Legal Studies 17 (2):233-235.
  30.  11
    Developing a Policy for Sexual Assault Examinations on Incapacitated Patients and Patients Unable to Consent.Mary E. Carr & Alda L. Moettus - 2010 - Journal of Law, Medicine and Ethics 38 (3):647-653.
  31.  10
    New Hope for Victims of Prison Sexual Assault.Julie Samia Mair, Shannon Frattaroli & Stephen P. Teret - 2003 - Journal of Law, Medicine and Ethics 31 (4):602-606.
  32.  10
    Retrieval-Induced Forgetting After Trauma: A Study with Victims of Sexual Assault.Ines Blix & Tim Brennen - 2012 - Cognition and Emotion 26 (2):321-331.
  33.  15
    Tobacco, Recusals, and Sexual Assault Reforms: Correspondent's Report From Australia.Linda Haller - 2011 - Legal Ethics 14 (1):140-142.
    This article is currently available as a free download on ingentaconnect.
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  34.  8
    Mental Hospital Regulation and the Safe Environment: Liability for Sexual Assault.Camille LeGrand - 1984 - Journal of Law, Medicine and Ethics 12 (6):236-242.
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  35.  11
    Mental Hospital Regulation and the Safe Environment: Liability for Sexual Assault.Camille LeGrand - 1984 - Journal of Law, Medicine and Ethics 12 (6):236-242.
  36. Expendables For Whom?: Terry Crews and the Erasure of Black Male Victims of Sexual Assault and Rape.Tommy J. Curry - 2019 - Women Studies in Communication Journal 3 (42):287-307.
  37. A Treatment for Survivors of Sexual Assault Suffering Posttraumatic Stress Disorder (Vol 13, Pg 275, 2005).C. Lefkowitz, M. Prout, J. Bleiberg, I. Paharia & D. Debiak - 2006 - Society and Animals 14 (1):II.
     
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  38. Provocative Dress and Sexual Responsibility.Jessica Wolfendale - 2016 - Georgetown Journal of Gender and the Law 17 (2):599-624.
    Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or (...)
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  39. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual (...)
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  40. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake (...)
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  41. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation (...)
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  42. HIV, Fraud, Non-Disclosure, Consent and a Stark Choice: Mabior or Sexual Autonomy?Lucinda Vandervort - 2013 - Criminal Law Quarterly 60 (2):301-320.
    The reasons for judgment by the Supreme Court of Canada on the appeal in Mabior (2012 SCC 47) fail to address or resolve a number of significant questions. The reasons acknowledge the fundamental role of sexual consent in protecting sexual autonomy, equality, and human dignity, but do not use the law of consent as a tool to assist the Court in crafting a fresh approach to the issue on appeal. Instead the Court adopts the same general approach to (...)
     
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  43.  51
    Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual (...), are analyzed at length in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)
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  44. Comprehending the Distinctively Sexual Nature of the Conduct.Jami L. Anderson - 2010 - Sex, Drugs and Rock and Roll.
    Since the 1970s, sexual assault laws have evolved to include prohibitions of sexual acts with cognitively impaired individuals. The argument justifying this prohibition is typically as follows: A sex act that is forced (without the legally valid consent of) someone is sexual assault. Cognitively impaired individuals, because they lack certain intellectual abilities, cannot give legally valid consent. Therefore, cognitively impaired individuals cannot consent to sex. Therefore, sex acts with cognitively impaired individuals is sexual (...). The prohibition of sex with such individuals is regarded by many as a significant advance. It certainly seems to be an improvement upon the days in which individuals could engage in sex with cognitively impaired adults with impunity regardless of the physical, emotional and psychological consequences such sex acts caused for those individuals. Yet, this legislation raises serious puzzles. For example, in the U.S., cognitively impaired individuals are routinely convicted for sexual assault with non-cognitively impaired minors. How should we think about the conviction of a cognitively impaired individual who has sex with an underage, non-cognitively impaired individual? Does this imply that cognitively impaired persons are capable of understanding the criminality of failing to obtain legal consent while being, nonetheless, incapable of giving such consent? Should the law address only those cases in which either both or neither of the individuals involved are cognitively impaired? If so, why? -/- In this paper, I claim that shifting the analysis to one based on harms (away from legal standards of consent) better captures our intuitions about sex acts involving cognitively impaired individuals. (Indeed, a review of case law reveals a focus within these cases on the harms experienced by the impaired individuals involved.) I close the paper by identifying the difficulties that plague any legislation concerning individuals with mental impairments. (shrink)
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  45. “Me Too”: Epistemic Injustice and the Struggle for Recognition.Debra L. Jackson - 2018 - Feminist Philosophy Quarterly 4 (4).
    Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual (...)
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  46. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
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  47. Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
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  48. 'Reasonable Steps': Amending Section 273.2 to Reflect the Jurisprudence.Lucinda Ann Vandervort - 2019 - Criminal Law Quarterly 66 (4):376-387.
    This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment (...)
     
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  49. 'Too Young to Sell Me Sex!?' Mens Rea, Mistake of Fact, Reckless Exploitation, and the Underage Sex Worker.Lucinda Vandervort - 2012 - Criminal Law Quarterly 58 (3/4):355-378.
    In 1987, apprehension that “unreasonable mistakes of fact” might negative mens rea in sexual assault cases led the Canadian Parliament to enact “reasonable steps” requirements for mistakes of fact with respect to the age of complainants. The role and operation of the “reasonable steps” provisions in ss. 150.1(4) and (5) and, to a lesser extent, s. 273.2 of the Criminal Code, must be reassessed. Mistakes of fact are now largely addressed at common law by jurisprudence that has re-invigorated (...)
     
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  50. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    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 Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of (...)
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