Implied Consent and Sexual Assault

Implied Consent and Sexual Assault
Author: Michael Plaxton
Publisher: McGill-Queen's Press - MQUP
Total Pages: 281
Release: 2015
Genre: Law
ISBN: 0773546197

Revisiting the doctrine of implied consent in Canadian sexual assault law.

Consent and Sexual Offenses

Consent and Sexual Offenses
Author: Elisa Hoven
Publisher: Nomos Verlag
Total Pages: 351
Release: 2022-12-06
Genre: Law
ISBN: 3748930240

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.

Sexual Consent

Sexual Consent
Author: Martin Gitlin
Publisher: Greenhaven Publishing LLC
Total Pages: 128
Release: 2019-12-15
Genre: Young Adult Nonfiction
ISBN: 1534506330

For many years, "no means no" served as the standard for whether sexual consent is granted, but valid concerns have called for an expansion of this standard. Factors that could prevent someone from rejecting an unwanted advance include coercion and intoxication, making the concept of verbal consent muddy. The debate over whether this standard should be replaced and what should replace it has brought forth various possible solutions, with some arguing that only enthusiastic verbal consent will do, and others asserting that this expectation is unrealistic. Factors like age, positions of trust and authority, and mental and emotional conditions and disabilities also factor into the discussion. The well-balanced articles found here will provide your readers with an intelligent understanding of this topic.

Everything You Need to Know About Sexual Consent

Everything You Need to Know About Sexual Consent
Author: Carla Mooney
Publisher: The Rosen Publishing Group, Inc
Total Pages: 66
Release: 2017-07-15
Genre: Juvenile Nonfiction
ISBN: 150817413X

Communities and schools across the United States have recently been shocked by reports of the frequency of rape and sexual assault. Sexual consent has become an increasingly important issue. This title examines this difficult issue and reveals campus and community efforts to educate students about sexual consent, shortcomings in addressing rape accusations, and current laws pertaining to consent. Call-outs share special tips, like what to ask a specialist and how to recognize common myths and facts. Most importantly, readers will learn how to set their own and respect each others� boundaries and what to do if those boundaries are ignored.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Making Sense of Sexual Consent

Making Sense of Sexual Consent
Author: Mark Cowling
Publisher: Routledge
Total Pages: 212
Release: 2017-03-02
Genre: Psychology
ISBN: 1351920715

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.

Sexual Offences

Sexual Offences
Author: Samantha Pegg
Publisher: Routledge
Total Pages: 229
Release: 2016-03-10
Genre: Law
ISBN: 1317616391

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.

Implied Consent and Sexual Assault

Implied Consent and Sexual Assault
Author: Michael Plaxton
Publisher: McGill-Queen's Press - MQUP
Total Pages: 280
Release: 2015-11-01
Genre: Law
ISBN: 077359793X

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.

Violated

Violated
Author: Julie L. Fennell
Publisher: Rowman & Littlefield
Total Pages: 211
Release: 2024-07-16
Genre: Social Science
ISBN: 153818088X

Statistically speaking, you or someone you know has experienced a sexual violation. There’s also a high chance that you or someone you know caused one. Perhaps these incidents had a clear perpetrator and victim. Or maybe you’ve encountered one of the more complicated situations where it’s not quite so obvious that one person intentionally hurt another. Violated focuses on that messy place of unintentional, thoughtless, or perhaps even reckless consent violations. It challenges us to rethink the way gender and dating norms, intentionality, and intoxication have come to frame our social understanding of sexual consent and discusses what you, your organizations, and your government can do to help reduce the scope of sexual violation. But more than anything, this book argues that we need to develop more realistic models of “good consent” for the world we actually live in.

The Limits of Consent

The Limits of Consent
Author: Lisa Featherstone
Publisher: Springer Nature
Total Pages: 143
Release: 2023-12-13
Genre: Social Science
ISBN: 3031466225

This open access book examines the ways that consent operates in contemporary culture, suggesting it is a useful starting point to respectful relationships. This work, however, seeks to delve deeper, into the more complicated aspects of sexual consent. It examines the ways meaningful consent is difficult, if not impossible, in relationships that involve intimate partner violence or family violence. It considers the way vulnerable communities need access to information on consent. It highlights the difficulties of consent and reproductive rights, including the use (and abuse) of contraception and abortion. Finally, it considers the ways that young women are reshaping narratives of sexual assault and consent, as active agents both online and offline. Though this work considers victimisation, it also pays careful attention to the ways vulnerable groups take up their rights and understand and practice consent in meaningful ways.