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This discussion paper sets out the Commission's proposals for reform of the law relating to rape and other sexual offences, for consultation purposes (responses by 1 May 2006). Topics discussed include: the protection of sexual autonomy and the issue of consent; sexual assaults; offences based on a protective principle, including offences involving children under 16 years, persons with mental disorders, and abuse of trust; offences based on public morality; the law of evidence concerning proof of sexual offences; and compatibility with the European Convention on Human Rights.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.
Rethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. It is destined to become the primary source for scholarly work and debate on sexual offences laws.
International Approaches to Rape gives an overview of rape law and policy in nine different countries, including the United States and Canada. Many governments have begun to take rape more seriously than in the past and have started to implement wide-ranging reforms; this book describes those reforms and assesses the degree to which they have been successful. Introducing readers to various national perspectives on rape, the contributors outline a comparative approach that highlights the similarities and differences between countries, contexts, laws, issues, policies, and interventions.
Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.
Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. Published in its first edition over fifty years ago, it continues to be a key text for undergraduates and an essential reference source for practitioners.
This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.
Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law is a thorough and accessible guide to criminal law, combining extracts from key cases and statutes, together with invaluable extracts from expert reports and articles. Ormerod and Laird expertly guide the reader through the various facets of the law while posing numerous questions for further investigation and reflection. The contents of the twelfth edition have been substantially revised and restructured to closely match the structure of contemporary courses. This new edition includes significantly more explanatory text and third-party critical commentary, ensuring that the book is suitable for use as a core textbook. This book provides the law student with everything they need to develop a thorough understanding of this fascinating subject. Online Resource Centre www.oxfordtextbooks.co.uk/orc/sho/ This book is accompanied by a selection of online resources, including detailed annual updates, useful web links, and outline answer guidance to selected in-text questions.
Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law is a thorough and accessible guide to criminal law, providing invaluable extracts from key cases, statutes, and expert articles, which have been carefully selected to illuminate the core of criminal law. Ormerod and Lairdexpertly guide the reader through the various facets of the law while posing stimulating questions for students to investigate further and reflect upon.This book provides the law student with everything they need to develop a thorough understanding of this fascinating subject.Online Resourceswww.oup.com/uk/shoThis book is accompanied by a selection of online resources, including detailed annual updates, useful web links, and outline answer guidance to selected in-text questions.