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| 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.
| Author | : Brianna Chesser |
| Publisher | : Routledge |
| Total Pages | : 105 |
| Release | : 2021-12-24 |
| Genre | : Law |
| ISBN | : 1000537927 |
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.
| 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.
| Author | : Chris Ashford |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 439 |
| Release | : 2016-12-14 |
| Genre | : Law |
| ISBN | : 1443857173 |
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
| Author | : David W. Selfe |
| Publisher | : Psychology Press |
| Total Pages | : 324 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 1859416004 |
The second edition of this popular book provides a comprehensive and up to date introduction to the law pertaining to sexual offences. The book evaluates a range of sexual offences by adopting an interdisciplinary analysis of the various relationships which exist between sexual behaviour,legal regulation, the criminalisation process, punishment, social mores and morality. The increasing politicisation of sexual offences will make the text of interest to a wide range of students and practitioners in law, criminal justice, social work, women's studies, probation and politics. The second edition has been updated to take account of the recent 'age of consent' debates and associated measures in the Sexual Offences (Amendment) Act, as well as other major reform proposals in sexual offences generally. The text considers a range of key judicial decisions, including the House of Lords in B v DPP on strict liability and mistakes of age, and the Supreme Court of Canada in Cuerrier on consent and misrepresentation. Recent legislative measures, including the registration requirements imposed on sex offenders under the Sex Offenders Act 1997 and Sex Offender Orders under the Crime Disorder Act 1998, are included.
| Author | : Rhiannon Davies |
| Publisher | : Routledge |
| Total Pages | : 127 |
| Release | : 2021-03-17 |
| Genre | : Law |
| ISBN | : 1000360881 |
Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.
| Author | : Cathy Cobley |
| Publisher | : Jordan Publishing (GB) |
| Total Pages | : 536 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : |
This text concentrates on sex offenders and sexual offending and examines the treatment of, and regulations to be followed for, sex offenders. The issues facing those dealing with such offenders, from arrest to post release supervision, are fully covered and include investigation of sexual offences, trial procedures, sentencing, control, risk assessment, protection of the public, treatment, housing and protection of children and adolescent offenders.
| Author | : Alan Reed |
| Publisher | : Routledge |
| Total Pages | : 574 |
| Release | : 2016-10-14 |
| Genre | : Law |
| ISBN | : 1317161912 |
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.
| Author | : Julian V. Roberts |
| Publisher | : |
| Total Pages | : 376 |
| Release | : 1994 |
| Genre | : Social Science |
| ISBN | : |
Contributors from law, sociology, criminology, and psychology portray the state of sexual assault in Canada and the development to that point since the 1983 reform legislation and in light of the strong lobbying since the 1991 Seaboyer decision. The topics include redefinitions, processing cases, sentencing and compensation, cultural bias, specific cases, and research priorities. No index. Paper edition (unseen), $19.95. Annotation copyright by Book News, Inc., Portland, OR
| Author | : Adam Sampson |
| Publisher | : Routledge |
| Total Pages | : 164 |
| Release | : 2003-05-20 |
| Genre | : Medical |
| ISBN | : 1134905904 |
Sexual crime is a topic of massive public concern. Yet the debate over its causes and the appropriate responses of the criminal justice system is often fuelled by ignorance and prejudice, with little understanding of the reality of sexual crime. Acts of Abuse explores the response of the criminal justice system to this important issue. Its author, Adam Sampson, examines the existing research about the causes of rape and child abuse, the number of offences being committed, and the policy of the courts. He then examines in detail the responses of the probation service and the prison system to the increased number of offenders with which they are being required to deal. Written by a prominent critic of the British penal system, this is the first comprehensive survey of the phenomenon of sexual crime in the British penal context. It will appeal to students and all those with an interest in issues relating to crime and justice.
