Category Archives: Coerced Sex

Ninth Circuit says “Failure to Warn” Action Against Website that Allegedly Faciliated Rape Not Barred By Section 230 of the CDA

From the opinion: “Model Mayhem is a networking website, found at modelmayhem.com, for people in the modeling industry. Plaintiff Jane Doe, an aspiring model who posted information about herself on the website, alleges that two rapists used the website to … Continue reading

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“As Dartmouth makes efforts to combat sexual assault, posts on an anonymous online forum have students terrified.”

Below is an excerpt from “How Cyberbullying Is Making Sexual Assault on College Campuses Even Worse” by Katie Van Syckle: Less than two months ago, a commenter on an anonymous online forum threatened to gang-bang me at a fraternity house. … Continue reading

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Sir Young and the “Typical Sex Offender”

A sexual assault case out of Texas is making national headlines based upon the comments and sentence imposed by the judge. From the CNN article on the case: She could have sentenced him to 20 years in prison after he … Continue reading

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I am the girl who ratted.

From this article: What is it like to come out as a survivor of sexual assault? For a student at Vanderbilt University, it’s meant being called a “crazy bitch,” “psycho,” “NASTY AS SHIT,” and a “no-good cunt.” In February, Jane … Continue reading

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Posted in Academia, Coerced Sex, If you're a woman, Sexual Harassment, Women's Health | Comments Off

Converge! Re-Imagining the Movement to End Gender Violence

CALL FOR PAPERS AND PRESENTATIONS – SUBMIT YOUR PROPOSAL TO converge@law.miami.edu DUE DATE: Friday, October 18, 2013 (may be extended) For more conference information see http://www.law.miami.edu/academics/converge/ CONVERGE! Re-imagining the Movement to End Gender Violence, will bring together survivors, activists, and … Continue reading

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Posted in Academia, Activism, Acts of Violence, Call for Papers or Participation, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and Economics, Feminism and Families, Feminism and Law, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, Human Trafficking, Immigration, Legal Profession, LGBT Rights, Masculinity, Reproductive Rights, Sex Trafficking, Sexual Harassment, Socioeconomic Class, Upcoming Conferences | Comments Off

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.

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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

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Invasion of Privacy | Comments Off

“Amanda Todd’s Story: Struggling, Bullying, Suicide, Self Harm #RIPAmandaTodd”

Watch this video and think about what this girl went through.

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eRape?: Should Courts Allow Rape Defendants to Discover the Google Searches of Their Victims?

Jennifer Bennett was beaten, choked, and raped by Thomas Bray at his condo. (Here is the Today Show video on her story) Upon returning to her home, “[s]he stood at the entrance to her bathroom for 15 minutes, fighting the … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary | 1 Comment

“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

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The Kiss Was Forced On Her

Check out “The Kissing Sailor, or “The Selective Blindness of Rape Culture” at Crates and Ribbons. It explains that in the famous photo below, the sailor was a stranger to the nurse, and he forced himself on her. That’s not a … Continue reading

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“Court: Child Porn Victims Can Get Restitution”

From the NYT: Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday. The decision conflicts with rulings by … Continue reading

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Posted in Coerced Sex, Pornography's Harms, Sex Trafficking, The Overrepresentation of Women | Comments Off

Read Kristof’s NYT Column Today If You Haven’t

Here. Below is an excerpt: …So bravo to the president for giving a major speech on human trafficking and, crucially, for promising greater resources to fight pimps and support those who escape the streets. Until recently, the Obama White House … Continue reading

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“Texas legislative panel to consider ways to help young victims of sex trafficking”

Story here. Below is an excerpt: As Dallas builds a locally funded treatment center to provide services for victims of sex traffickers, a state legislative committee is looking at whether Texas needs to do more to help others statewide. Dallas … Continue reading

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Posted in Coerced Sex, Human Trafficking, Prostitution | Comments Off

The Price of Sex: Film-maker risks life by going undercover to expose global trade in sex slaves

The official website for The Price of Sex is here. It provides this summary: The Price of Sex is a feature-length documentary about young Eastern European women who’ve been drawn into a netherworld of sex trafficking and abuse. Intimate, harrowing … Continue reading

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Posted in Coerced Sex, Feminism and Law, Human Trafficking, Prostitution, Sisters In Other Nations | Comments Off

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

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Posted in Activism, Acts of Violence, Coerced Sex, Feminism and Politics, Women's Health | Comments Off

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

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Posted in Acts of Violence, Coerced Sex, Human Trafficking, Pornography's Harms, Sex Trafficking | Comments Off

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

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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

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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

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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

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary | 1 Comment

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

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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

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Taking Exception: Is Evidence of Prior Oral Sex by 15 Year-Old Victim Admissible in Prosecution of 38 Year-Old?

A 38 year-old defendant is charged with four counts of sexual conduct with a minor, and it is undisputed that he engaged in four acts of oral sexual intercourse with the victim, who was 15 years-old. The defendant, however, seeks to present … Continue reading

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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

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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

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Posted in Activism, Acts of Violence, Coerced Sex, Human Trafficking, If you're a woman, Pornography's Harms, Sex Trafficking | 1 Comment

Judicial Deference to the Military: Sexual Assault is Not Cognizable

Just as the judicial deference to the military’s DADT policy on sexual orientation eventually eroded, so too will the judicial deference to the military’s policies on sexual assault eventually crumble.   Well, at least that’s possible.  Isn’t it? Although a 2 … Continue reading

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Posted in Coerced Sex, If you're a woman, Justice? | 1 Comment

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

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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

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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

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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

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Can You Hear Me?: Court of Appeals of Texas Finds Failure to Hold In Camera Rape Shield Hearing Isn’t Reversible Error

Similar to its federal counterpart, Texas Rule of Evidence 412(c) provides that if a criminal defendant is trying to present evidence under an exception to the rape shield rule, the defendant must inform the court out of the hearing of … Continue reading

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A Private Matter?: Military Court Opinion Reveals Problem With Military Rape Shield Rule

Federal Rule of Evidence 412(a), the federal Rape Shield Rule, provides that evidence of an alleged victim’s sexual predisposition or other sexual behavior is inadmissible to establish her propensity to consent to sexual acts and her conformity with that propensity, … Continue reading

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary | 1 Comment

Rachel Lloyd on Policing Fashion and Derogating Subjugated Women

Her essay is available here. An excerpt: Fashion Police has a recurring segment called “Starlet or Streetwalker,” which is exactly what it sounds like. The panel, made up of George Kotsiopoulos, Kelly Osbourne and Giuliana Rancic, are shown pictures of … Continue reading

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Posted in Coerced Sex, Feminism and Culture, Human Trafficking, The Overrepresentation of Women | Comments Off

Everything But The Girl: Northern District Of Indiana Opinion Sharpens Split Over Nature Of Affirmative Defense In Single-Instance Harassment Cases

An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may … Continue reading

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

Are Up to 80% of All Men “Buyers of Sex”? Please Let the Answer Be No

From Newsweek, this article, “The John Next Door“: Men of all ages, races, religions, and backgrounds do it. Rich men do it, and poor men do it, in forms so varied and ubiquitous that they can be summoned at a … Continue reading

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Posted in Acts of Violence, Coerced Sex, Human Trafficking, Pornography's Harms, Sex Trafficking | Comments Off

A Few Somewhat Disconnected Thoughts About Rape

In an effort to be an ethical attorney I try, though sometimes fail, to honor the “innocent until proven guilty” presumption that people charged with crimes are entitled to in my writing and legal analysis.  High profile rape cases present … Continue reading

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Gettin’ (Un)Lucky in Kentucky: Court of Appeals of Kentucky Finds Trial Court Erred in Excluding Evidence That Alleged Victim Was a “Crack Whore”

Assume that a defendant is on trial for sexually assaulting a victim. And, assume that the defendant’s defense is, essentially, that the alleged victim is a “crack whore.” Should the defendant be able to present evidence of the alleged victim’s … Continue reading

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary | 2 Comments

Kirsten Powers’ Op-Ed About Anthony Weiner

Available at the Daily Beast. Below is an excerpt: By far the most disturbing information that we have been privy to—there is, no doubt, more out there that we don’t know—is the transcript of a nine-month “sexting” relationship Weiner had … Continue reading

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“An estimated 100,000 to 300,000 American-born children are sold for sex each year. The escalating numbers have prompted national initiatives by the F.B.I. and other law enforcement agencies, and new or pending legislation in more than a dozen states, most recently Georgia, which enacted a toughened human trafficking law this month.”

That’s a sentence pulled from this NYT article.

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Aura Bogado on “Slutwalk”

Here. She raises some issues that need to be thought through. ETA: Links to additional critiques of Slutwalks here.

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Posted in Coerced Sex, Feminism and Law, Race and Racism, Sex Trafficking | 1 Comment

Heather Monasky, “On Comprehensive Prostitution Reform: Criminalizing the Trafficker and the Trick, But Not the Victim–Sweden’s Sexköpslagen in America”

This fantastic Note is forthcoming in William Mitchell Law Review, Vol. 37, No. 4 (2011). It can be downloaded here. Below is the abstract: Sex trafficking of women and children—one of the most urgent human rights violations confronting the world … Continue reading

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(Non)Consenting Adults: Illinois Opinion Finds Adultery Is Serious Provocation, Sexual Assault Is Not

I’m currently teaching 2nd degree murder in my Criminal Law class and was looking for a good Illinois case on the subject. In Illinois, a defendant who could otherwise be convicted of 1st degree murder can be convicted of 2nd … Continue reading

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Should Courts Award Child-Rearing Damages for “Wrongful Birth” in Cases of the Rape of a Minor?

The issue of whether there should be a right to abortion in cases of rape has arisen again in response to comments by teen sensation Justin Bieber. The 16 year-old pop star was asked about abortion in rape cases, and … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary, Reproductive Rights | 1 Comment

What Kind Of Right?: Court of Appeals of Michigan Finds Rape Shield Rule Vests Rights In Victims

MCL 750.520j, Michigan’s rape shield statute, provides that: (1) Evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admitted … unless and only … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary | 1 Comment

Julia Hörnle, “Countering the Dangers of Online Pornography – Shrewd Regulation of Lewd Content?”

Abstract: This Article will detail how the UK has responded to the greater risks posed by illegal online content by successively extending the reach of the substantive criminal laws and by taking preventative measures. It will focus on the example … Continue reading

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Posted in Coerced Sex, Pornography's Harms | 1 Comment

“Survivors Speak: Essential Leadership in Combating Demand for Sex Trafficking and Commercial Sex”

Watch here.

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“Sexting: Youth Practices and Legal Implications”

 Abstract:       This document addresses legal and practical issues related to the practice colloquially known as sexting. It was created by Harvard Law School’s Cyberlaw Clinic, based at the Berkman Center for Internet & Society, for the Berkman Center’s Youth and Media … Continue reading

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The Wonder State: Eastern District of Arkansas Finds Serious Flaw With Arkansas’ Rape Shield Rule

This Court views the case as illustrating a serious flaw in Arkansas’s criminal justice system, whereby Arkansas applies its rape shield statute in a broad and sweeping fashion without properly focusing on the constitutional rights of the accused. Jackson v. … Continue reading

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Northern District of California Permits Defendants to Interrogate Title IX Plaintiff About Whether She Consented to Teacher’s Sexual Behavior When She Was 15

A plaintiff claims that she was 15 years-old when she was subjected to sexual molestation by her then 38 year-old teacher at a charter school.  Accordingly, she brings a Section 1983 action (1) against the school and its director/principal for failure to train and … Continue reading

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