Law Reform Sexual Assault Essay

Academic Articles

Sundari Anitha and Aisha Gill, Coercion, Consent and the Forced Marriage Debate in the UK,  Feminist Legal Studies, 2009

Lillian Artz and Dee Smythe, Feminism vs. the State?: A Decade of Sexual Offences Law Reform in South Africa, Agenda: Empowering Women for Gender Equity, 2007

Larissa Behrendt, Consent in a (Neo)Colonial Society: Aboriginal Women as Sexual and Legal ‘Other,’ Australian Feminist Studies, 2000

Janine Benedet and Isabel Grant, Sexual Assault and the Meaning of Power and Authority for Women with Mental Disabilities, Feminist Legal Studies, 2014

Michal Buchhandler-Raphael, The Failure of Consent: Re-conceptualizing Rape as Sexual Abuse of Power, Michigan Journal of Gender & Law, 2011

Kristin Bumiller, Rape as a Legal Symbol: An Essay on Sexual Violence and Racism, University of Miami Law Review, 1987

Judith Butler, Sexual Consent: Some Thoughts on Psychoanalysis and Law, Columbia Journal of Gender and Law,  2011

Adrienne D. Davis, Bad Girls of Art and Law: Abjection, Power, and Sexuality Exceptionalism in (Kara Walker’s) Art and (Janet Halley’s) Law, Yale Journal of Law and Feminism,  2011

Sarah Deer, Toward an Indigenous Jurisprudence of Rape, Kansas Journal of Law and Public Policy, 2004

Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty, Wicazo Sa Review, 2009

Victoria J. Dettmar, Culpable Mistakes in Rape: Eliminating the Defense of Unreasonable Mistake of Fact as to Victim Consent, Dickinson Law Review, 1984

Katherine M. Franke, Theorizing Yes: An Essay on Feminism, Law and Desire, 2001

Jody Freeman, Feminist Debate over Prostitution Reform: Prostitutes’ Rights Groups, Radical Feminists, and the (Im)possibility of Consent, Berkeley Women’s Law Journal, 1989

Janet Halley, Prabha Kotiswaran, Hila Shamir, and Chantal Thomas, From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work, and Sex Trafficking: Four Studies in Contemporary Governance Feminism, Harvard Journal of Law & Gender, 2006

Angela P. Harris, Race and Essentialism in Feminist Legal Theory, Stanford Law Review, 1990

Elizabeth M. Iglesias, Rape, Race, and Representation:  The Power of Discourse, Discourses of Power, and the Reconstruction of Heterosexuality, Vanderbilt Law Review, 1996

Elizabeth Kolsky, The Body Evidencing the Crime: Rape on Trial in Colonial India 1860-1947, Gender & History, 2010

Chih-Chieh Lin, Failing to Achieve the Goal: A Feminist Perspective on Why Rape Law Reform in Taiwan Has Been Unsuccessful, Duke Journal of Gender Law & Policy, 2010

Lucy Reed Harris, Towards a Consent Standard in the Law of Rape, The University of Chicago Law Review, 1976

Carole Pateman, Women and Consent, Political Theory, 1980

Lois Pineau, Date Rape: A Feminist Analysis, Law and Philosophy,  1989

Ivana Radacic,Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice, Feminist Legal Studies, 2014

Sherene Razack,From Consent to Responsibility, from Pity to Respect: Subtexts in Cases of Sexual Violence Involving Girls and Women with Developmental Disabilities, Law & Social Inquiry, 1994

Dorothy E. Roberts, Rape, Violence, and Women’s Autonomy, Chicago-Kent Law Review, 1993

Sakthi Murthy, Rejecting Unreasonable Sexual Expectations: Limits on Using a Rape Victim’s Sexual History to Show the Defendant’s Mistaken Belief in Consent, California Law Review, 1991

Wolfgang Schomburg and Ines Peterson, Genuine Consent to Sexual Violence under International Criminal Law, The American Journal of International Law, 2007

Barbara Sullivan, Rape, Prostitution and Consent,Australian & New Zealand Journal of Criminology, 2007

Law Reform Regarding Sexual Assault

Law reform is when law is introduced or an existing law is altered to improve, make more relevant or patch up a hole in our law. The issue of sexual assault is becoming increasingly prominent it today’s society. Because societies view on this issue, and growing awareness, past laws on sexual assault have failed to cover the needs of society today. This has lead to significant law reform over the past decade.
The Criminal Procedure Amendment (Sexual Offence Case Management) Act (NSW) was introduced in 2005 which updated the previous act the previous act, The Criminals Procedure Act from 1986 (NSW). The amendment changes how sexual assault cases are managed and is designed to minimize the stress and trauma on complainants giving evidence, who now don’t have to prepare themselves to give evidence every time a trial is scheduled and rescheduled. This reform has come about due to this issue becoming more apparent in society and as we have more understanding about sexual assault than we did in 1986.
Other acts that have been modified due to law reform in the area of sexual assault include the
• Criminal Procedure Amendment (Evidence) Act 2005 (NSW), amending the past Criminal Procedure Act of 1986 (NSW).
• Criminal Procedure Further Amendment (Evidence) Act 2005 (NSW)
• And the Crimes Amendment (consent-sexual assault offences) Act 2007 (NSW)
These legislation change the way we deal with matters of serious sexual assaults, which has largely been brought upon by a change in social attitudes regarding sexual crimes and this will without a doubt will lead to future court decisions rethinking the law in a way that leads to further law reform as well as have a more impact on justice for all involved.
Agencies such as The Criminal Justice Sexual Offences Taskforce, The New South Wales Rape Crisis Centre and the New South Wales Bar Association are all to do with law reform. For example the Criminal Justice Sexual Offences Taskforce...

Show More

0 Thoughts to “Law Reform Sexual Assault Essay

Leave a comment

L'indirizzo email non verrà pubblicato. I campi obbligatori sono contrassegnati *