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Defining and Redefining Rape

Jennifer Temkin

in Rape and the Legal Process

Published in print:
2002
Published Online:
January 2010
ISBN:
9780198763550
eISBN:
9780191710391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763550.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the law of rape in England and Wales, its relationship with other sexual offences, and the options for reform within the present framework of the law. Before 1994, the ... More


Killing to Prevent Rape

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter is the second of two chapters dealing with the issue of proportionality in self-defence. It examines the issue of whether or not it is ever permissible to kill to prevent rape. The ... More


Alternative Approaches

Jennifer Temkin

in Rape and the Legal Process

Published in print:
2002
Published Online:
January 2010
ISBN:
9780198763550
eISBN:
9780191710391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763550.003.0003
Subject:
Law, Criminal Law and Criminology

The hallmark of the radical reform of rape laws was the rejection of the existing legal framework in favour of the introduction of new offences with a different emphasis. The aim was not merely to ... More


‘Impressive progress alongside persistent problems’: rape law, policy and practice in the United States

Lynn Hecht Schafran and Jillian Weinberger

in International approaches to rape

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847426208
eISBN:
9781447302629
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847426208.003.0010
Subject:
Sociology, Comparative and Historical Sociology

This chapter discusses the successes of the rape law reform movement, as well as the cultural and other barriers that continue to prevent fair treatment of rape cases. There is less research on male ... More


Government as Partner Against the Past

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0011
Subject:
Political Science, American Politics

This chapter juxtaposes the role of government with the “paradox” of freedom. The U.S. government's varying role in regulating issues of employment (in Lochner), sexual relations (rape law, polygamy, ... More


The Anti-Rape Movement and the Turn to Law

Rose Corrigan

in Up Against a Wall: Rape Reform and the Failure of Success

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814707937
eISBN:
9780814725214
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814707937.003.0002
Subject:
Law, Medical Law

This chapter provides an overview of law and social change among 1970s rape law reformers, emphasizing both their reluctance to work with the state and their reasons for ultimately doing so. ... More


The Anti-Rape Movement and the Turn to Law

Rose Corrigan

in Up Against a Wall: Rape Reform and the Failure of Success

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814707937
eISBN:
9780814725214
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814707937.003.0002
Subject:
Law, Medical Law

This chapter provides an overview of law and social change among 1970s rape law reformers, emphasizing both their reluctance to work with the state and their reasons for ultimately doing so. ... More


Controlling women's sexuality: rape law in India

Geetanjali Gangoli

in International approaches to rape

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847426208
eISBN:
9781447302629
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847426208.003.0006
Subject:
Sociology, Comparative and Historical Sociology

This chapter will address the long-standing conflicting relationship between Indian feminists and the legal system. Rape continues to be a serious issue for Indian women. In India as in other parts ... More


Breaking the silence: rape law in Iran and controlling women's sexuality

Nadia Aghtaie

in International approaches to rape

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847426208
eISBN:
9781447302629
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847426208.003.0007
Subject:
Sociology, Comparative and Historical Sociology

This chapter seeks to analyse the way in which the Iranian Penal Code responds to rape. Within this framework, it broadly discusses how rape and sexual intercourse are perceived outside marriage. It ... More


Introduction: The Failure of Success

Rose Corrigan

in Up Against a Wall: Rape Reform and the Failure of Success

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814707937
eISBN:
9780814725214
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814707937.003.0001
Subject:
Law, Medical Law

This introductory chapter begins with a brief description of the anti-rape movement, which is considered one of the most successful projects of second wave feminism. It then sets out the book's ... More


Introduction: The Failure of Success

Rose Corrigan

in Up Against a Wall: Rape Reform and the Failure of Success

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814707937
eISBN:
9780814725214
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814707937.003.0001
Subject:
Law, Medical Law

This introductory chapter begins with a brief description of the anti-rape movement, which is considered one of the most successful projects of second wave feminism. It then sets out the book's ... More


Rape and sexual Violence: A Nation’s Reform

Carol E. Jordan

in Violence against Women in Kentucky: A History of U.S. and State Legislative Reform

Published in print:
2014
Published Online:
September 2014
ISBN:
9780813144917
eISBN:
9780813144924
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813144917.003.0004
Subject:
History, Family History

Chapter 3 provides a history of nationwide legislative reforms related to rape and sexual assault. The chapter asserts that to fully understand the challenges facing advocates in the 1970s, one must ... More


International approaches to rape

Nicole Westmarland and Geetanjali Gangoli (eds)

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847426208
eISBN:
9781447302629
Item type:
book
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847426208.001.0001
Subject:
Sociology, Comparative and Historical Sociology

Following on from International Approaches to Prostitution (The Policy Press, 2006), this book provides an overview of rape law and policy in ten countries, including England, Australia, Canada, ... More


Marital Rape Laws Globally: Rationales and Snapshots Around the World

Michelle J. Anderson

in Marital Rape: Consent, Marriage, and Social Change in Global Context

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190238360
eISBN:
9780190615208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190238360.003.0012
Subject:
Social Work, Crime and Justice

Anderson traces the proffered rationales for the marital rape exemption under English common law, which provided a normative structure of marriage in which permanent sexual access was a constitutive ... More


The Birth of Legislative Reform in Kentucky: The 1970s

Carol E. Jordan

in Violence against Women in Kentucky: A History of U.S. and State Legislative Reform

Published in print:
2014
Published Online:
September 2014
ISBN:
9780813144917
eISBN:
9780813144924
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813144917.003.0007
Subject:
History, Family History

Chapter 6 outlines the legislative reforms that took place in Kentucky during the decade of the 1970s. It begins by describing the events that held the attention of the Commonwealth’s citizens during ... More


Up Against a Wall: Rape Reform and the Failure of Success

Rose Corrigan

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814707937
eISBN:
9780814725214
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814707937.001.0001
Subject:
Law, Medical Law

Rape law reform has long been hailed as one of the most successful projects of second-wave feminism. Yet forty years after the anti-rape movement emerged, legal and medical institutions continue to ... More


The Trouble with Mothers’ Boyfriends: or Against Uncles

Joseph J. Fischel

in Screw Consent: A Better Politics of Sexual Justice

Published in print:
2019
Published Online:
May 2019
ISBN:
9780520295407
eISBN:
9780520968172
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520295407.003.0003
Subject:
Sociology, Gender and Sexuality

In this chapter, I argue that mothers’ boyfriends and other people superordinated in positions of authority over their victims—but not related to those victims by law or blood—disproportionately ... More


Fleeing from Feminism: The Troubled Legacy of Rape Law Reform

Rose Corrigan

in Up Against a Wall: Rape Reform and the Failure of Success

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814707937
eISBN:
9780814725214
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814707937.003.0008
Subject:
Law, Medical Law

This chapter discusses the divisive role of feminism in anti-rape work. Despite the desire of scholars to claim rape crisis centers (RCCs) as feminist organizations, rape care advocates clearly ... More


Conclusion: Ripped from the Headlines

Dawn Rae Flood

in Rape in Chicago: Race, Myth, and the Courts

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252036897
eISBN:
9780252094415
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252036897.003.0007
Subject:
History, African-American History

This concluding chapter considers the myriad legal and medical reforms that have been established since the 1970s in enhancing access to justice for rape victims. At the same time the chapter looks ... More


Rape Law Reform Based on Negotiation: Beyond the No and Yes Models

Michelle J. Anderson

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0014
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative overview of rape law reform based on negotiation, with particular emphasis on the “No” Model and the “Yes” Model with respect to the idea that rape is sex ... More


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