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Category Archives: Acts of Violence
Defining Pregnancy In Law
Khiara M. Bridges, Boston University School of Law, has published When Pregnancy Is an Injury: Rape, Law and Culture, at 65 Stanford Law Review 457 (2013). Here is the abstract. This Article examines criminal statutes that grade more … Continue reading
Posted in Acts of Violence, Feminism and Culture, Feminism and Law, Women's Health
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Reddit, Rape and Rapists
Jezebel has an article entitled: Rapists Explain Themselves on Reddit, and We Should Listen. You may find it interesting; it is also both alarming and sad.
Posted in Acts of Violence, Coerced Sex, Sexual Harassment
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Pages In Your Diary: Supreme Court of West Virginia Badly Errs in Deeming Diary Entries Admissible Despite Rape Shield Rule
A defendant is charged with second-degree sexual assault and related crimes after another individual and he allegedly commit sexual crimes against a 13 year-old victim. After the alleged crimes, the alleged victim starts writing in a notebook and writes in … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Invasion of Privacy
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“Why it is important to integrate human rights into international policy-making”
From Equality Now: The Liberian President, Ellen Johnson Sirleaf, has just returned from a business trip to Britain, where she met President Susilo Bambang Yudhoyono of Indonesia and UK Prime Minister David Cameron. In Liberia, more than 58% of women … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminism and Medicine, Feminism and Politics, Feminism and Religion, Sisters In Other Nations
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“The War on Twelve Year Old Girls”
Subtitled: “An epidemic of high-profile trolling is a testament to how pathological misogyny is — and how early it begins,” you can read the entire piece by Mary Elizabeth Williams at Salon. …. And if you require any further proof, … Continue reading
“Amanda Todd’s Story: Struggling, Bullying, Suicide, Self Harm #RIPAmandaTodd”
Posted in Acts of Violence, Coerced Sex, Feminism and Culture, Feminism and Technology
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“Polanski’s victim is not a “sex scandal teen””
That is the title of this awesome post at Salon. Below is an excerpt: Samantha Geimer was 13 years old when she had her fateful encounter with Polanski in 1977. The California age of consent at the time was 16. … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Justice?
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Ever wonder how the USDOJ defines stalking?
According to this site: Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking can include: Repeated, unwanted, … Continue reading
Posted in Acts of Violence, Feminism and Culture, Women's Health
1 Comment
VAWA and Native Women
From Greg Kaufmann at The Nation: In July, I reported that Republican House leadership is blocking reauthorization of a strengthened Violence Against Women Act (VAWA). No one needs this bill passed more desperately than Native women: one in three will … Continue reading
Posted in Activism, Acts of Violence, Coerced Sex, Feminism and Politics, Women's Health
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ABA Journal publishes “Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?”
The article focuses on judicial conflicts about what a victim has to prove to qualify for restitution, especially with respect to harm. Accessible here, below is an excerpt: … Under the Crime Victims’ Rights Act, the government must notify Amy … Continue reading
Posted in Acts of Violence, Coerced Sex, Human Trafficking, Pornography's Harms, Sex Trafficking
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Woman Who Was Shot While Earning Money As An “Exotic Dancer” Is Denied Workers’ Compensation
The case is LeAndra Lewis v. L.B. Dynasty, Inc., d/b/a Boom Boom Room Studio 54 and the South Carolina Uninsured Employers’ Fund, and the full opinion is here. Affirming a denial of Workers Compensation benefits, the South Carolina Court of … Continue reading
Posted in Acts of Violence, Feminism and the Workplace, South Carolina, Women's Health
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Judge Tells Sexual Assault Victim, “Bad Things Can Happen In Bars.” Bad Things Can Happen in Courtrooms, Too…
This is fairly dispiriting: After being convicted by a jury earlier this summer of sexual abuse for groping a woman in a bar, ex-DPS Officer Robb Gary Evans walked out of a Coconino County (AZ) Superior Courtroom on Wednesday morning … Continue reading
Posted in Acts of Violence, Feminism and Law, Sexual Harassment
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CFP: International Review of Law Special Issue on Domestic Violence
From the FLP mailbox: CALL FOR PAPERS The International Review of Law Journal is seeking articles for a special issue on domestic violence to be published in Spring 2013. Our goal is to showcase practical and theoretical accomplishments and challenges … Continue reading
Posted in Acts of Violence, Call for Papers or Participation, Sisters In Other Nations
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Under the Shield: Should the Rape Shield Rule Apply at Sentencing Hearings?
Federal Rule of Evidence 412(a), the Rape Shield Rule, provides that The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Daniel Tosh and Rape Jokes
Daniel Tosh’s assertion during a recent appearance at the Laugh Factory that rape jokes are “always funny” has caused a certain amount of comment and controversy, particularly since a woman in the audience challenged him on his opinion. She responded … Continue reading
Posted in Acts of Violence, Beerenpheffer, Feminism and Law, Feminism and the Arts
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One More Reason to Love Gloria Gaynor
Gloria Gaynor is currently serving as a spokesperson for the National Network to End Domestic Violence. Here‘s the group’s announcement: For more than three decades, “I Will Survive” has been a beacon of hope for countless victims of domestic violence … Continue reading
Posted in Activism, Acts of Violence, Feminism and the Arts
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Jessica Gonzales v. United States: Blog Resource and Film Announcement
Filmmakers April Hayes and Katia Maguire are in the process of producing Jessica Gonzales v. United States, a documentary about one woman’s legal battle on behalf of domestic violence survivors. Here is the producers’ description of the film: In 1999, … Continue reading
Posted in Acts of Violence, Feminism and the Arts, Feminist Blogs Of Interest, Firsts
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14-Year Old Boy “Emulating” Pornography Rapes 9-Year Old Girl
From the (UK) Guardian (here): A 12-year-old schoolboy who raped and sexually assaulted a younger girl after viewing hardcore pornography on the internet has been spared a custodial sentence. A judge was told that the boy, who is now aged … Continue reading
Posted in Acts of Violence
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Deborah Tuerkheimer’s Judging Sex & The En Banc Opinion That Reversed The Rape Shield Killing Ruling
Back in 2010, I posted an entry about the Sixth Circuit’s opinion in Gagne v. Booker, 596 F.3d 335 (6th Cir. 2010), the (in)famous rape shield case in which the dissent accused the majority of “effectively abrogat[ing] every rape-shield statute … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Will Pennsylvanie Become The Last State To Allow For The Admission Of Rape Trauma Syndrome Evidence?
According to an article on the CBS21 news site, “[t]wo very important bills are sitting in committees right now.” One of those bills is House Bill 1264, which allows for the admission of expert testimony regarding rape trauma syndrome. Yes, … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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What If Dometic Violence Victims “Stand Their Ground” in Florida?
Marissa Alexander, a mother of two, was denied a new trial after she was convicted and sentenced to 20 years in prison for shooting “in the direction of” her husband. Here’s Wonkette’s take: [A] Florida judge has decided that … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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It’s My Space, That’s Why They Call It MySpace: Court of Appeals of Texas Finds MySpace Comment Covered by Rape Shield Rule
A defendant is charged with various sexual crimes against the alleged victim, a 15 year-old. To support his defense, the defendant seeks to introduce into evidence a comment that the alleged victim made on her MySpace page, where she referred … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Yxta Murray on “Rape Trauma, the State, and the Art of Tracey Emin”
Yxta Maya Murray (Loyola Law School Los Angeles) has posted to SSRN her article Rape Trauma, the State, and the Art of Tracey Emin, 100 Calif. L. Rev. __ (forthcoming 2012). Here is the abstract: Prosecutors use “rape trauma syndrome” … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Feminism and the Arts
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Without Prejudice?: 6th Circuit Deems Rape Shield Evidence Minimally Prejudicial To Victim, Reverses Conviction
The district court excluded the 2007 acts because those encounters occurred at a different place than the indicted offenses. Although there is certainly a difference between private sexual acts and those that take place in public, that does not eliminate, … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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A Different Take on VAWA Reauthorization
Republican recalcitrance around the reauthorization of the Violence Against Women Act has been in the news for the last few days. Unwilling to endorse provisions that would guarantee services to lesbian, gay, bisexual and transgender people subjected to abuse and … Continue reading
Posted in Acts of Violence, Feminism and Law
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Love, Hate, Murder, and Commitment Devices: No-Drop DV Policies and the Reduction in Men Murdered by Intimates
Last week, the folks at Freakonomics posted an interesting podcast (“Save Me From Myself”) about commitment devices. A commitment device is “a means with which to lock yourself into a course of action that you might not otherwise choose but that … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Feminism and Economics
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The Loss of Sexual Innocence: Supreme Court of Guam Finds Trial Court Erred in Limiting Cross-Examination of Child Rape Victim
A defendant is on trial for criminal sexual conduct based upon acts that he allegedly committed against a 10 year-old victim. Previously, a forensic examination of the alleged victim revealed scar tissue on her hymen. Before trial, the defendant failed … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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More On the Harris Case
I recently received an email from Tim Casey of Legal Momentum regarding the Crystal Harris divorce case, about which I blogged recently. He enclosed a report prepared by the Certified Family Law Specialists Committee of the San Diego County Bar Association, … Continue reading
Posted in Acts of Violence, Feminism and Law, Legal Profession
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The Vermont Frat Questionnaire & The Foreseeability of Stranger Rape Based Upon Increased Acquaintance Rape at a College
If I could rape someone, who would it be? This now infamous question, asked at the end of a fraternity questionnaire at the University of Vermont, led to the fraternity being suspended. But let’s say that the university took no … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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“The Internet Swear Jar,” A Guest Post By Samantha Berg
A few days ago I wrote a comment at the Reclusive Leftist blog about misogynistic verbal abuse being unacceptable whether the target is a blogger or a prostitute and whether they are paid or not. Since then I’ve been fleshing out what … Continue reading
On “Violence Against Women is a Global Pandemic”
Soraya Chemaly writes at the Huffington Post that Violence Against Women is a Global Pandemic. Here is an excerpt from the stats she cites in the article: Every nine seconds in the US a woman is assaulted or beaten. According to the Centers … Continue reading
Posted in Acts of Violence
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Judge Orders Woman To Pay Alimony, Legal Fees, To Ex-Spouse Convicting Of Attacking Her
A San Diego judge has told an ex-wife to pay her ex-husband’s legal fees and be ready to pay him alimony should he make the request once he leaves prison. Judge Geoffrey Pollack noted that he had discretion in the … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Feminism and Culture, Feminism and Families, Feminism and Law, If you're a woman, Justice?
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The Only Exception: Arkansas Case Reveals Danger Of State’s Undifferentiated Rape Shield Exception
Like many state counterparts, Federal Rule of Evidence 412(a), the Federal Rape Shield Rule, precludes the admission of evidence of an alleged victim’s prior sexual behavior/predisposition to prove her propensity to consent to sexual acts and her likely conformity with … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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American Journalist Sexually Assaulted by Egyptian Gov’t Forces
Author and activist Mona Eltahawy is back in New York after being arrested, detained and sexually assaulted by members of the Egyptian Interior Ministry last week. Read her Twitter account of the incident here. Her left arm and right hand were … Continue reading
Posted in Acts of Violence, Sisters In Other Nations
1 Comment
CFP: Lenahan (Gonzales) vs. U.S.: Domesticating International Law
From colleagues at American: Call for Symposium Papers- Lenahan (Gonzales) v. United States of America: Domesticating International Law. Symposium will be held at American University Washington College of Law, Washington, D.C. on April 17, 2012. Deadline for Submission of Abstracts is January … Continue reading
Posted in Acts of Violence, Call for Papers or Participation, Sisters In Other Nations
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A Picture Is Worth A Thousand Words: Court Of Appeals of Iowa Fails to Resolve Whether Facebook Photos Trigger Rape Shield Rule Analysis
Similar to its federal counterpart, Iowa Rule of Evidence 5.412a, Iowa’s rape shield rule, Notwithstanding any other provision of law, in a criminal case in which a person is accused of sexual abuse, reputation or opinion evidence of the past … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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What Derb doesn’t get (about the reality of sexual harassment)
As noted in earlier discussions, conservative pundit John Derbyshire recently wrote: “Is there anyone who thinks sexual harassment is a real thing? Is there anyone who doesn’t know it’s all a lawyers’ ramp, like “racial discrimination“? You pay a girl … Continue reading
Nancy Cantalupo on “Persistent Problem of Campus Sexual Violence”
Forthcoming this week in the Loyola University Chicago Law Journal is this article by Nancy Chi Cantalupo: “Burying Our Heads in the Sand: Lack of Knowledge, Knowledge Avoidance, and the Persistent Problem of Campus Peer Sexual Violence.” Here is the … Continue reading
Posted in Acts of Violence, Feminist Legal Scholarship
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The Oh in Ohio: Court of Appeals of Ohio Shockingly Concludes Rape Shield Rule Doesn’t Cover Nonconsensual Sexual Activity
We disagree with Michael to the extent that it stands for the proposition that the rape shield law has any application to prior sexual abuse suffered by a child victim. In construing the rape shield statute, “our paramount concern is the legislative … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Goodmark on “Legal System Fails Abused Women”
An op-ed by Leigh Goodmark (Baltimore) appears in today’s Baltimore Sun. Here is an excerpt: After learning that Topeka, Kan., District Attorney Chad Taylor planned to stop prosecuting misdemeanor domestic violence cases in response to county budget cuts, the Topeka … Continue reading
Posted in Acts of Violence, Feminism and Law
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Topeka Misdemeanor Domestic Battery Cases to be Prosecuted by Law Student Interns
In my last post about the Topeka imbroglio, I wondered how vigorously the County DA would prosecute misdemeanor domestic battery cases after the city of Topeka dicriminalized misdemeanor domestic battery and forced the County DA’s hand (by his own admission). … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
1 Comment
Topeka Officially Decriminalizes Misdemeanor Domestic Battery
Earlier today, the Topeka City Council, by a vote of 7-3, repealed the local law that makes misdemeanor domestic battery a crime. The move, the councilors were told, would force District Attorney Chad Taylor to prosecute the cases because they would remain … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Research Resource: Gender Jurisprudence Collections at American University
Earlier this semester, the War Crimes Research Office and the Women and International Law Program at American University Washington College of Law announced the launch of the Gender Jurisprudence Collections (GJC). Here is an excerpt from the school’s press release: … Continue reading
Posted in Acts of Violence, Feminist Legal Scholarship, Sisters In Other Nations
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Placing Topeka’s Possible Decriminalization of Misdemeanor Domestic Battery in Historical Context
After my previous post on the possibility of Topeka decriminalizing misdemeanor domestic battery, I decided to do some research to see if there is any historical precedent for such an action. It turns out that there is (sort of). In … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Topeka City Council to Vote on Measure to Decriminalize Misdemeanor Domestic Battery
Here are some excerpts from the article, Suspected domestic abusers go free as Topeka city, council officials bicker over funds: A bitter argument over money in Topeka, Kan., means that city and county authorities have neglected to prosecute or charge … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Does an Aggravating Factor Based on “a Difference in the Sexes of the Victim and the Defendant” Violate Equal Protection?
Following up on my previous post, here is another interesting case in a similar vein: State v. Wright, 563 S.E.2d 311 (S.C. 2002). In Wright, Todd Wright was convicted of criminal domestic violence of a high and aggravated nature. One of … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Does a Law Punishing More Severely a Male’s Assault of a Female Violate Equal Protection?
Eugene Volokh has an interesting post up over at The Volokh Conspiracy. The post discusses G.S. § 14-33(c)(2), which provides that Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, … Continue reading
Posted in Acts of Violence, Courts and the Judiciary
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Victim Blaming NYPD Style in Park Slope, Brooklyn
In the wake of several recent sexual assaults in Park Slope, Brooklyn, the NYPD has been handing out some advice to local residents: Note to women in the South Park Slope and surrounding Brooklyn: You might want to think twice … Continue reading
Posted in Acts of Violence, If you're a woman
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Unimpeachable: 7th Circuit Finds Evidence That Sauna Was Used as Place Of Prostitution Inadmissible Under Rape Shield Rule
Like all states, Wisconsin has a rape shield rule. Under Wisconsin’s rule, WIS. STAT. Section 972.11(2)(b), in civil and criminal cases involving alleged sex crimes, any evidence concerning the complaining witness’s prior sexual conduct or opinions of the witness’s prior … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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“Open Letter from Black Women to the SlutWalk”
Black Women’s Blueprint has posted to Facebook (here) and its blog (here) this “Open Letter from Black Women to the SlutWalk”: We the undersigned women of African descent and anti-violence advocates, activists, scholars, organizational and spiritual leaders wish to address … Continue reading
Posted in Acts of Violence, Feminism and Politics, Feminist Blogs Of Interest, Race and Racism
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