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Category Archives: Coerced Sex
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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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
Posted in Coerced Sex, Courts and the Judiciary
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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
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
Posted in Coerced Sex, 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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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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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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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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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
Posted in Coerced Sex, Courts and the Judiciary
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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
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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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
Posted in Coerced Sex, Feminism and Culture, Human Trafficking, The Overrepresentation of Women
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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
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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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
Posted in Acts of Violence, Coerced Sex, Human Trafficking, Pornography's Harms, Sex Trafficking
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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
Posted in Academia, Coerced Sex, Feminism and Law
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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
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
Posted in Coerced Sex, Feminism and Politics
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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.
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Sex Trafficking
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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.
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
Posted in Coerced Sex, Human Trafficking, Sex Trafficking
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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
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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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
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
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
Posted in Coerced Sex, Pornography's Harms
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“Survivors Speak: Essential Leadership in Combating Demand for Sex Trafficking and Commercial Sex”
Watch here.
Posted in Acts of Violence, Coerced Sex, Human Trafficking
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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
Posted in Coerced Sex, Feminism and Technology, Sexual Harassment
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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
Posted in Coerced Sex, Courts and the Judiciary
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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
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Demonstrably Durable: Indiana Case Reveals Indiana Courts Still Recognize Demonstrably False Accusation Exception To Rape Shield Rule
"Under common law, evidence of prior false allegations of sexual misconduct is admissible if the allegation was demonstrably false and similar to that with which the defendant was charged, or if the complaining witness has admitted that the prior accusation … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Invasion of Privacy: Court of Appeals of Texas Finds Trial Court Properly Excluded Evidence of Alleged Victim’s Prior Nonconsensual Sexual Acts Under Rape Shield Rule
Texas Rule of Evidence 412(a) provides that In a prosecution for sexual assault or aggravated sexual assault, or attempt to commit sexual assault or aggravated sexual assault, reputation or opinion evidence of the past sexual behavior of an alleged victim … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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“House of the Setting Sun”
Interviews with residents of a home for elderly prostitutes in Mexico City – watch Part One here, and Part Two here. –Ann Bartow
Posted in Coerced Sex, Sisters In Other Nations
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Coyote Publishing v. Ross Miller: 9th Circuit Upholds Restrictions on Ads for Prostitution
The opinion is available here. The ads at issue were characterized as “pure commercial speech.” Below are two excerpts in which the court explains the ways that legalized prostitution drives the demand for sex slaves and sex trafficking: The federal … Continue reading
Posted in Coerced Sex, Courts and the Judiciary, Feminism and Law, Human Trafficking
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Deer on “Sex Trafficking of Native Women in the United States”
Feminist Law Prof Sarah Deer (William Mitchell) has posted to SSRN her article, “Relocation Revisited: Sex Trafficking of Native Women in the United States.” Here is the abstract: The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign … Continue reading
Posted in Coerced Sex, Human Trafficking
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The Rape Sieve Rule?: According to Dissent, Opinion Abrogates Every Rape Shield Statute in the Sixth Circuit
Some 35 years ago, the Michigan state legislature determined that a criminal defendant accused of rape may not introduce evidence about the victim’s past sexual behavior, because the victim’s past willingness is not relevant to the question of present consent. … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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“TIME CHANGE–In Our Own Backyard: Child Prostitution and Sex Trafficking in the United States”
Hearing before the Senate Judiciary Committee Subcommittee on Human Rights and the Law which took place yesterday (Wednesday, February 24, 2010) View webcast here! Panel I The Honorable Ron Wyden United States Senator for the State of Oregon Panel II … Continue reading
Posted in Coerced Sex, Feminism and Law, Feminism and Politics, The Overrepresentation of Women
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“For those who buy and sell children for sex and cheap labor, Haiti is ripe with opportunity.”
That is the second sentence in this short essay in The Atlantic. Here is an excerpt: In Haiti … human trafficking is a problem at the best of times. Even without the pandemonium unleashed by a 7.0 earthquake, an estimated … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Politics, Human Trafficking
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The Sexual Innocence Inference Theory: Fact or Fiction? A Spotlight on the Special Concurrence In the Court of Appeals of Idaho’s Recent Opinion in State v. Molen
You are a juror in the prosecution of a step-grandfather for lewd conduct with a minor, the minor being his eight or nine year old step-granddaughter, with whom he allegedly had genital-to-genital contact. The step-granddaughter has just testified to sexual … Continue reading
Posted in Coerced Sex, Courts and the Judiciary
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“Girls Are Not for Sale – We Are Millions”
“January 11th, 2010 is National Human Trafficking Awareness Day. Take a moment to lend your support to courageous girls and young women who are working to overcome the trauma of child sex trafficking by watching this video and sharing with … Continue reading
Posted in Coerced Sex, Guest Blogger
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Today is National Human Trafficking Awareness Day
From here: According to the U.S. Department of State’s Trafficking in Persons Report, some 800,000 persons are victims of trafficking each year, seven times more than in 1960. The victims are mostly woman and children who are often used as … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, The Overrepresentation of Women
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“Men who buy sex: Who they buy and what they know”
“Men who buy sex: Who they buy and what they know,” is a research study of 103 men who describe their use of trafficked and non-trafficked women in prostitution, and their awareness of coercion and violence, prepared by Melissa Farley, … Continue reading
New Report About Sexual Trafficking of American Indian Women and Girls in Minnesota
From here. Via. … Despite Minnesota’s significant efforts to identify sex trafficking victims and meet their needs, to our knowledge there had never been any sort of summary report produced in either Minnesota or the U.S. regarding the commercial sexual … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law
1 Comment
“It’s very reminiscent where we were 30 years ago on the domestic violence stuff …. People just don’t get it yet.”So spoke a District Attorney, commenting on the lack of sex trafficking prosecutions in NY.
From this NYT article: Despite a highly trumpeted New York State law in 2007 that enacted tough penalties for sex or labor trafficking, very few people have been prosecuted since it went into effect, according to state statistics. In New … Continue reading
Posted in Coerced Sex, Feminism and Law, Women's Health
2 Comments
“AIDS Is The No. 1 Cause Of Death, Disease For Women 15-44, Says WHO”
And how much do rape, pornography and prostitution contribute to the spread of AIDS? Wish there was some data on that, but not holding my breath. From the HuffPo: In its first study of women’s health around the globe, the … Continue reading
Posted in Acts of Violence, Coerced Sex, Women's Health
3 Comments
Dang.
From a post entitled “Coffee and Consent” at Female Impersonator: From Until Someone Wakes Up, a play written by Carolyn Levy and a group of Macalester College students: Waiter: Would you like some coffee? Woman: Yes, please. Waiter: Just say … Continue reading
Posted in Coerced Sex, Feminism and Culture
2 Comments
But It Was Only A Fantasy: North Carolina Opinion Reveals Troubling Exception to the State’s Rape Shield Rule
Rape shield rules prevent the defendant from presenting evidence regarding the alleged victim’s other sexual behavior and sexual predisposition to prove that she consented to the sexual act at issue. Typically, these rules contain three exceptions. First, a defendant can … Continue reading
Posted in Coerced Sex, Courts and the Judiciary
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Wisconsin Teen Charged with Blackmailing Other Students for Nude Photos
From here: A 14-year-old Whitnall [WI] High School student is accused of coercing teen girls into sending him sexually explicit photos of themselves. … … The photos investigation began Sept. 21 when two students provided information to the Greenfield police … Continue reading
“I don’t want to be (on the Internet), but I have to be there and it’s never going away, and that’s a scary thought,” she said.
Child porn victim seeks restitution VIRGINIA BEACH, Va., Oct. 25 (UPI) — A U.S. woman filmed in a series of pornographic movies as a child says she is seeking restitution from anyone convicted of possessing them. The 20-year-old woman, whose … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Justice?
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“The FBI says killer truckers are abducting prostitutes and other women at truck stops, raping them and leaving their bodies along the nation’s highways.”
Below is a “Time Video” news report, which states there are 500 known victims.
Something Here is Very Strange.
So, The Nation published an article called “The Crusade Against Sex Trafficking” by Noy Thrupkaew. This article focuses on one organization only, “the International Justice Mission, an evangelical Christian organization devoted to combating human rights abuses in the developing world.” … Continue reading
Girls Educational and Mentoring Services’ (GEMS) mission is to empower young women, ages12-21, who have experienced commercial sexual exploitation and domestic trafficking to exit the commercial sex industry and develop to their full potential.
MESSAGE FROM HALLE BERRY October 1, 2009 Dear GEMS Friends, Being a girl isn’t easy. Today in New York City, a girl will flee an abusive home, only to be approached by a pimp-trafficker who will promise her love and … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, From the FLP mailbox, Justice?, Women's Health
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