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Baylis, Françoise. "Therapist-Patient Sexual Contact: A Non Consensual, Inherently Harmful Activity". Canadian Journal of Psychiatry 38, n.º 7 (setembro de 1993): 502–6. http://dx.doi.org/10.1177/070674379303800707.
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Therapist-patient sexual contact is unethical, whether it is the patient or the therapist who attempts to sexualize the therapeutic relationship. Therapist-patient sexual contact is non consensual; patients cannot provide a morally valid consent to sexual relations with their therapist because the key elements of a morally valid consent — intentionality, substantial understanding, substantial voluntariness and autonomous authorization — cannot be met. As well, therapist-patient sexual contact harms patients, patients' families, and the profession. The most significant harm caused is experienced by the patients, the majority of whom are women.
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Rowlands, Sam, e Jean-Jacques Amy. "Sterilization of those with intellectual disability: Evolution from non-consensual interventions to strict safeguards". Journal of Intellectual Disabilities 23, n.º 2 (11 de dezembro de 2017): 233–49. http://dx.doi.org/10.1177/1744629517747162.
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Non-consensual sterilization is one of the characteristic historical abuses that took place mainly in the first half of the 20th century. People with intellectual disability (ID) were a prime target as part of the ideology of negative eugenics. In certain jurisdictions, laws were in force for several decades that permitted sterilization without the need for consent or with consent from third parties. The long-term adverse effects on those sterilized against their will have only more recently been recognized. In the latter half of the 20th century, human rights treaties were introduced and developed; they have, in the main, curbed sterilization abuses. Courts have developed more stringent criteria for making decisions on applications for sterilization, and nowadays there are mostly adequate safeguards in place to protect those with ID from non-consensual sterilization. The only exception should be the particular case in which, all medical and social factors having been taken into account, sterilization is overwhelmingly thought to be the right decision for the individual unable to give consent.
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Halla, Slavomír. "Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent". International and Comparative Law Review 18, n.º 2 (1 de dezembro de 2018): 59–84. http://dx.doi.org/10.2478/iclr-2018-0038.
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Abstract Consent, the final frontier. International commercial arbitration is a dispute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is definitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.
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Cherry, Mark J. "Non-Consensual Treatment is (Nearly Always) Morally Impermissible". Journal of Law, Medicine & Ethics 38, n.º 4 (2010): 789–98. http://dx.doi.org/10.1111/j.1748-720x.2010.00532.x.
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The goal of my comments regarding the case study of Eve Hyde — presented in the introduction of this symposium — is not first and foremost to resolve the conflict between individual autonomy and medical paternalism regarding non-consensual psychiatric treatment. Instead, the goal is to step back far enough from what is generally accepted as the morally appropriate basis for non-consensual psychiatric treatment, including involuntary hospitalization and medication, and to ask very basic questions about when patients may permissibly be treated without their consent. My goal, in short, is Socratic — to explore aspects of what we take for granted in order better to determine whether we ought to take them for granted. Commentators routinely urge that it is morally permissible forcibly to treat psychiatric patients, such as Eve Hyde, in order to preserve the patient’s best interests and restore the patient’s autonomy. Such arguments typically specify duties of beneficence toward others, while appreciating personal autonomy as a positive value to be weighed against other factors.
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Barrense-Dias, Yara, Christina Akre, Diane Auderset, Brigitte Leeners, Davide Morselli e Joan-Carles Surís. "Non-consensual sexting: characteristics and motives of youths who share received-intimate content without consent". Sexual Health 17, n.º 3 (2020): 270. http://dx.doi.org/10.1071/sh19201.
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Background One of the possible negative consequences of sexting is the non-consensual sharing of received-intimate content. This study aimed to determine the characteristics and motives of youths who shared received-intimate images without consent. Methods: Data were obtained from a self-administrated Swiss survey on sexual behaviours among young adults (aged 24–26 years). Out of the 7142 participants, 5175 responded to the question ‘Have you ever shared (forwarding or showing) a sexy photograph/video of someone else (known or unknown) without consent’?; 85% had never shared (Never), 6% had shared once (Once) and 9% had shared several times (Several). Data are presented as relative risk ratios with 95% confidence intervals. Results: Participants who had shared received-intimate content without consent had higher odds of being male [2.73 (2.14–3.47)], foreign-born [1.45 (1.04–2.03)], reporting a non-heterosexual orientation [1.46 (1.10–1.93)], having sent one’s own intimate image [1.76 (1.32–2.34)] and receiving a shared-intimate image of someone unknown [4.56 (3.28–6.36)] or known [2.76 (1.52–5.01)] compared with participants who had never shared. The main reported motivations were for fun (62%), showing off (30%) and failure to realise what they were doing (9%). Conclusions: Given the reported motivations, it appears crucial to remind youths of the seriousness of non-consensual sharing. Although females may also be perpetrators, the behaviour was more prevalent among males. Prevention and education need to consider a broad range of young people in their scenarios. Even if a particular focus on understanding and preventing males’ perpetration must be considered, overall perpetration, including female’s, must be discussed.
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Lee, Jin Ree, e Steven Downing. "An Exploratory Perception Analysis of Consensual and Nonconsensual Image Sharing". International Journal of Cybersecurity Intelligence and Cybercrime 2, n.º 2 (6 de setembro de 2019): 23–43. http://dx.doi.org/10.52306/02020319cicb2462.
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Limited research has considered individual perceptions of moral distinctions between consensual and nonconsensual intimate image sharing, as well as decision making parameters around why others might engage in such behavior. The current study conducted a perception analysis using mixed-methods online surveys administered to 63 participants, inquiring into their perceptions of why individuals engage in certain behaviors surrounding the sending of intimate images from friends and partners. The study found that respondents favored the concepts of (1) sharing images with romantic partners over peers; (2) sharing non-intimate images over intimate images; and (3) sharing images with consent rather than without it. Furthermore, participants were more willing to use their own devices to show both intimate and non-intimate images rather than posting on social media or directly sending others the image files. Drawing on descriptive quantitative and thematic qualitative analysis, the findings suggest that respondents perceive nonconsensual image sharing as being motivated by the desire to either bully, “show off,” or for revenge. In addition, sharing intimate digital images of peers and romantic partners without consent was perceived to be troubling because it is abusive and/or can lead to abuse (when involving peers) and a violation of trust (when involving romantic partners).
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Douglass, Caitlin H., Cassandra J. C. Wright, Angela C. Davis e Megan S. C. Lim. "Non-consensual sharing of personal sexually explicit imagery among young people in Australia: results from an online survey". Sexual Health 17, n.º 2 (2020): 182. http://dx.doi.org/10.1071/sh19147.
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Consensual sharing of personal sexually explicit imagery (SEI) is part of young people’s sexual practise; however, harms arise if content is shared without consent. Australians aged 15–29 years were recruited for an online survey. Participants indicated if they had ever sent SEI of themselves to someone else, received SEI directly from the person in the imagery and whether they thought it was illegal to forward SEI without consent. Participants reported whether anyone shared their SEI without permission, if they told people, made official reports or if there were consequences for perpetrator(s). Logistic regression was used to identify associations between victimisation, gender, age group, sexual identity and knowledge of SEI-related law. In total, 1007 participants (65% female, mean age 23 years, 67% heterosexual) were recruited; 63% sent personal SEI to another person, 71% received SEI from the person pictured and 77% correctly identified it is illegal to forward SEI without consent. Thirteen percent (n = 126) indicated another person forwarded personal SEI without consent. In univariate analysis, victimisation was associated with identifying as non-heterosexual (odds ratio = 1.51, confidence interval = 1.03–2.22), but was independent from age group, gender and knowledge. In multivariate analysis, sexual identity, age group, gender and knowledge were not significantly associated with victimisation. Among participants who experienced non-consensual sharing of personal SEI, 63% told friends, 10% told family, 93% made no official report and 94% reported no consequences for perpetrator(s). Initiatives are needed to promote legal rights and enable young people to seek support.
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Dyer, Andrew, e Thomas Crofts. "Reforming non-consensual sexual offences in Hong Kong: How do the Law Reform Commission of Hong Kong's proposals compare with recent recommendations in other jurisdictions?" Common Law World Review 51, n.º 3 (setembro de 2022): 145–71. http://dx.doi.org/10.1177/14737795221116396.
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In this article, we consider the reforms to non-consensual sexual offences that the Law Reform Commission of Hong Kong (‘LRCHK’) has recently advocated in its Final Report about the law relating to sexual offending in that jurisdiction. We argue that a comparison between the LRCHK's proposals and those supported in recent years by Law Reform Commissions in other jurisdictions – most particularly, in New South Wales (‘NSW’) and Queensland – reveals the LRCHK's recommendations generally to be sensible, balanced and progressive. The LRCHK's approach to the question of what it is to consent, and to the issue of how a person withdraws consent, is preferable to that supported by the NSW Law Reform Commission (‘NSWLRC’). Further, it seems right to have supported an objective culpability requirement for the non-consensual offences with which it was concerned. And while there are difficulties concerning certain of the LRCHK's proposals – especially, perhaps, those pertaining to fraudulently procured sexual activity – the NSWLRC's and the Queensland Law Reform Commission's respective approaches to the last mentioned topic also seem imperfect.
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Wignall, Liam. "Beyond Safe, Sane, and Consensual: Navigating Risk and Consent Online for Kinky Gay and Bisexual Men". Journal of Positive Sexuality 6, n.º 2 (1 de dezembro de 2020): 66–74. http://dx.doi.org/10.51681/1.622.
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Kink practitioners have adopted phrases, like “safe, sane and consensual” (SSC), to describe a non-pathological approach in considering risk and harm in kink practices. However, little is known about how risk and consent are negotiated online, particularly when the kink activities occur in private rather than the public or semi-public spaces of kink community venues or events. Drawing on 30 in-depth interviews with self-identified kinky gay and bisexual men, this article examines how risk and consent are discussed when organizing kink sessions through online platforms. Most participants were unaware of SSC or alternatives. Instead, participants employed diverse methods of negotiating consent and risk which predominantly involved indepth communication online. Interestingly, participants were more concerned with the risks associated with meeting others online, such as catfishing, than the risks involved with kink. Finally, some participants described a laissez-faire approach to their kink sessions through not planning or discussing risk and consent beforehand
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Arai, Kyo. "Between Consented and Un-Contested Occupation". Israel Law Review 51, n.º 3 (24 de outubro de 2018): 365–88. http://dx.doi.org/10.1017/s0021223718000171.
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It has long been recognised that ‘non-consent’ is a fundamental element of the law of occupation. Under modern international humanitarian law (IHL), the consensual presence of foreign military forces is generally not seen as belligerent occupation.However, if we accept the principle that the application of IHL should rely on the objective situation on the ground and not on the subjective judgment of the situation of parties to the conflict, it may be natural to diminish the significance of consent by the territorial states in relation to the application of the law of occupation. It may be somewhat harmful to deny such protection based solely on the existence of the territorial states’ consent without considering the relationship, in reality, between the occupier and the population in the occupied area. According to a teleological interpretation of IHL, especially when it is obvious that the latter has no allegiance to the former, the tense relationship between them should be regulated by the law of occupation.This article discusses whether and how state consent could be a humanitarian ground to negate the legal protection for its own people, and highlights situations where the local population needs protection by the law of occupation (or comparable rules) in consensual military occupations.
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Molitorisz, Sacha, James Meese e Jennifer Hagedorn. "From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy". Law, Technology and Humans 3, n.º 2 (8 de novembro de 2021): 46–60. http://dx.doi.org/10.5204/lthj.1874.
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For many privacy scholars, consent is on life support, if not dead. In July 2020, we held six focus groups in Australia to test this claim by gauging attitudes to consent and privacy, with a spotlight on smartphones. These focus groups included discussion of four case studies: ‘shadow profiles’, eavesdropping by companies on smartphone users, non-consensual government surveillance of its citizens and contact tracing apps developed to combat COVID-19. Our participants expressed concerns about these practices and said they valued individual consent and saw it as a key element of privacy protection. However, they saw the limits of individual consent, saying that the law and the design of digital services also have key roles to play. Building on these findings, we argue for a blend of good law, good design and an appreciation that individual consent is still valued and must be fixed rather than discarded - ideally in ways that are also collective. In other words, consent is dead; long live consent.
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Madonna, Anannya G., e Babu Rangaiah. "Attachment styles and unwanted consensual sex: Mediating role of Dark Triad traits". Interpersona: An International Journal on Personal Relationships 17, n.º 2 (7 de dezembro de 2023): 232–51. http://dx.doi.org/10.5964/ijpr.10061.
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Past research has shown that insecure attachment, particularly anxious attachment has a role to play in consenting to unwanted sex. While previous studies have taken various factors that may come into play in consenting to unwanted sex, they have not focused on understanding the role that the personality traits of the Dark Triad could play on unwanted consensual sex, particularly in the context of individuals’ attachment styles, we are studying the participants not as perpetrators of abuse, rather how they can be susceptible to giving consent to sex when they don’t want to due to underlying factors like attachment and personality traits, particularly the Dark Triad traits of personality. The current study has 274 participants (Females = 55.50%, Males = 43.80% and Non-Binary = 0.70%) and examines the role of personality traits of the Dark Triad on the relationship between attachment styles of participants and their unwanted consent to sex. We assumed that all three traits machiavellianism, narcissism and psychopathy would explain unwanted consensual sex and attachment styles, but only machiavellianism and psychopathy showed a partial role in explaining the relationship between both anxious attachment and avoidant attachment with unwanted consent to sex or sexual activity. This study can be used to help in understanding the lesser discussed nuances of what underlies sexual abuse.
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Varsava, Nina. "Human Subjects Research Without Consent: Duties to Return Individual Findings When Participation was Non-Consensual". American Journal of Bioethics 20, n.º 1 (2 de janeiro de 2020): 28–30. http://dx.doi.org/10.1080/15265161.2019.1687780.
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Fanghanel, Alexandra. "Asking for it: BDSM sexual practice and the trouble of consent". Sexualities 23, n.º 3 (4 de março de 2019): 269–86. http://dx.doi.org/10.1177/1363460719828933.
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This article explores issues of consent in the context of BDSM. I argue that consent is a complex expression which must be thought beyond the ‘yes means yes, no means no’ that proliferates mainstream debates around consent education. This article draws on qualitative interview data to examine how BDSM practitioners talk about consent and consent violations. It examines how these discussions about consent within a BDSM context interact with non-BDSM discussions and how they do, or do not, inform each other. Though consent is centralized in BDSM as a practice of community-building, sometimes consent violations are ignored or dismissed because this community-building also relies on neoliberal constructions of the autonomous self and heteronormative accounts of desire to explain them. These findings have serious implications for better understanding not only of consent within this subcultural practice, but how heteronormative values saturate contexts where unequal power relations or hierarchies manifest themselves outside of this. By insisting on this nuanced understanding of sexual consent, this article transforms existing debates about consensual sexual practice by exploring consent as a grey area, and where violations are experienced as abusive and where they are not. It also offers pertinent insights into how mobilizing an ethical consent praxis might better attend to questions of consent.
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Octora, Rahel, Demson Tiopan e Farrel Christyanto Wijaya. "Consistency of Criminal Sanctions Regulations in Protecting Women Victims of Non-consensual Pornography Content Dissemination". European Journal of Law and Political Science 3, n.º 2 (22 de março de 2024): 1–9. http://dx.doi.org/10.24018/ejpolitics.2024.3.2.122.
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The law is enacted to protect the rights. Along with technological developments, the scope of legal protection certainly needs to be expanded. Resolution of the Human Rights Council dated July 1, 2016, Number 32/13, concerning the Promotion, Protection, and Enjoyment of Human Rights on the internet, that individual rights must be protected offline and online. At present, there are many cases of electronic-based sexual violence, also known as Online Gender-Based Violence. One of the many forms of action that occurs is the spread of pornographic content without the consent of the person who is the object of the recording or shooting (Non-Consensual Distribution of Intimate Images/NCDII). In Indonesia, Law Number 12 of 2022 concerning Crimes of Sexual Violence has been enacted, but when the NCDII case occurred, women who were victims were not protected legally. Often, women are considered as parties involved in the manufacture of immoral goods, so they are subject to criminal sanctions. This paper is a result of normative juridical research, specifically analytical descriptive research. This research uses statute and conceptual approaches, using legal materials such as regulations and legal theories. This research concludes that there is no common understanding between the public and law enforcers that in cases where pornographic content is spread without consent, women are in the position of victims. Protection for victims is still difficult to obtain because the regulations that are currently in force do not specifically state that disclosing content without the consent of the depicted person is a crime.
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Tsaros, Angelika. "Consensual non-consent: Comparing EL James’s Fifty Shades of Grey and Pauline Réage’s Story of O". Sexualities 16, n.º 8 (dezembro de 2013): 864–79. http://dx.doi.org/10.1177/1363460713508903.
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von Papp, Konstanze. "Biting the Bullet or Redefining ‘Consent’ in Investor-State Arbitration? Pre-Arbitration Requirements After BG Group v Argentina". Journal of World Investment & Trade 16, n.º 4 (11 de julho de 2015): 695–726. http://dx.doi.org/10.1163/22119000-01604006.
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A purely consensual approach to international arbitration has its limits even in commercial arbitration. In investment treaty arbitration, the traditional approach to finding ‘consent’ to arbitrate encounters difficulties if there are any pre-arbitration requirements that have not been satisfied. This will be illustrated by the case of BG Group v Republic of Argentina. Drawing a line between purely ‘procedural’ pre-arbitration requirements and those that are strict conditions on a host state’s consent to arbitrate is difficult, if not impossible. This article suggests alternative solutions, taking into account the need to appreciate domestic arbitration laws as well as public international law concerns. ‘Biting the bullet’ would mean accepting the lack of consent between host state and investor. A doctrinally clearer approach to jurisdictional issues could then be found by drawing an analogy to non-signatory issues in commercial arbitration.
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Kakungulu-Mayambala, Ronald, Rukundo Solomon, Victor Phillip Makmot e Diana Rutabingwa. "The Case for a Law against the Online Distribution of Non-Consensual Intimate Images in Uganda". Stellenbosch Law Review 32, n.º 1 (2021): 93–128. http://dx.doi.org/10.47348/slr/v32/i1a5.
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The distribution of sexually graphic or intimate images of individuals on the internet without their consent is on the rise in Uganda. Several female celebrities and lesser-known individuals have fallen victim to this phenomenon in recent years. This article examines the civil and criminal remedies currently available to the victims. The article argues that these remedies are insufficient to deal with the challenge posed by the non-consensual distribution of these intimate images in the online environment and argues for the creation of a new law that specifically addresses this issue.
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Bowling, Jessamyn, Susan Wright, Casey Mesaeh, J. Kevin Benson e Russell Stambaugh. "Ownership, Enjoyment, Arousal Troubles, and Robust Education: Pleasure in LGBTQ+ Alt-Sex Members’ Responses to Consent Violations". Sexes 3, n.º 3 (30 de agosto de 2022): 434–44. http://dx.doi.org/10.3390/sexes3030032.
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Background: Alt-sex practitioners are a diverse group with diverse unconventional sexual behaviors including consensual non-monogamy (CNM), kink, fetishism, and bondage/discipline dominance/submission, sadomasochism (BDSM). Perhaps because of their openness to non-normative sexuality, these communities often comprise a large proportion of lesbian, gay, bisexual, trans, queer, among others (LGBTQ+) individuals. LGBTQ+ individuals experience higher rates of sexual violence and consent violation than their cisgender, heterosexual peers both inside and outside of formalized alt-sex communities. Pleasure, including but not limited to sexual pleasure, is often a motivator for engaging in sexual and alt-sex activities. This study examines how consent violations influence pleasure among LGBTQ+ alt-sex members. Methods: We conducted an electronic one-time survey of LGBTQ+ alt-sex practitioners (N = 1354). In this study, we analyze open-ended responses for ways pleasure was described in response to questions about consent violations. We use thematic analyses in Dedoose online software. Results: Two subthemes emerged related to the violation itself, (a) pleasure as a motivator for violating consent and (b) pleasure in spite of consent violation. As the second theme that emerged, pleasure was a component of the aftereffects of the violation in two ways: (1) pleasure was reduced or inhibited by consent violations; (2) pleasure was a motivator for healing and advocacy. Conclusions: We discuss practical and research implications based on the complex relationships between violations and pleasure reported by participants.
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Mandarelli, G., F. Carabellese, G. Parmigiani, F. Bernardini, L. Pauselli, R. Quartesan, R. Catanesi e S. Ferracuti. "Treatment decision-making capacity in non-consensual psychiatric treatment: a multicentre study". Epidemiology and Psychiatric Sciences 27, n.º 5 (9 de março de 2017): 492–99. http://dx.doi.org/10.1017/s2045796017000063.
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Aims.To evaluate treatment decision-making capacity (DMC) to consent to psychiatric treatment in involuntarily committed patients and to further investigate possible associations with clinical and socio-demographic characteristics of patients.Methods.131 involuntarily hospitalised patients were recruited in three university hospitals. Mental capacity to consent to treatment was measured with the MacArthur Competence Assessment Tool for Treatment (MacCAT-T); psychiatric symptoms severity (Brief Psychiatric Rating Scale, BPRS-E) and cognitive functioning (Mini Mental State Examination, MMSE) were also assessed.Results.Mental capacity ratings for the 131 involuntarily hospitalised patients showed that patients affected by bipolar disorders (BD) scored generally better than those affected by schizophrenia spectrum disorders (SSD) in MacCAT-T appreciation (p< 0.05) and reasoning (p< 0.01). Positive symptoms were associated with poorer capacity to appreciate (r= −0.24;p< 0.01) and reason (r= −0.27;p< 0.01) about one's own treatment. Negative symptoms were associated with poorer understanding of treatment (r= −0.23;p< 0.01). Poorer cognitive functioning, as measured by MMSE, negatively affected MacCAT-T understanding in patients affected by SSD, but not in those affected by BD (SSDr= 0.37;p< 0.01; BDr= −0.01;p= 0.9). Poorer MacCAT-T reasoning was associated with more manic symptoms in the BD group of patients but not in the SSD group (BDr= −0.32;p< 0.05; SSDr= 0.03;p= 0.8). Twenty-two per cent (n= 29) of the 131 recruited patients showed high treatment DMC as defined by having scored higher than 75% ofunderstanding, appreciating and reasoningMacCAT-T subscales maximum sores and 2 atexpressing a choice. The remaining involuntarily hospitalised patients where considered to have low treatment DMC. Chi-squared disclosed that 32% of BD patients had high treatment DMC compared with 9% of SSD patients (p< 0.001).Conclusions.Treatment DMC can be routinely assessed in non-consensual psychiatric settings by the MacCAT-T, as is the case of other clinical variables. Such approach can lead to the identification of patients with high treatment DMC, thus drawing attention to possible dichotomy between legal and clinical status.
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Helm, Rebecca K. "Conviction by Consent? Vulnerability, Autonomy and Conviction by Guilty Plea". Journal of Criminal Law 83, n.º 2 (abril de 2019): 161–72. http://dx.doi.org/10.1177/0022018318822223.
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A criminal conviction resulting from a guilty plea rather than a full trial is typically justified on the basis that the defendant had the ability to go to trial but instead chose to admit guilt in exchange for a small sentence reduction. In other words, the conviction, and associated waiver of rights, occurred by consent. In this article, I challenge that notion by drawing on psycho-legal research on vulnerability and consent and research on guilty pleas in the USA. I suggest that while plea procedure in England and Wales appears less coercive than the practice of ‘plea bargaining’ in the United States, aspects of the system are highly problematic and are likely to be leading to non-consensual guilty pleas, through which innocent defendants are pleading guilty.
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Vallentyne, Peter. "LIBERTARIANISM AND THE STATE". Social Philosophy and Policy 24, n.º 1 (18 de dezembro de 2006): 187–205. http://dx.doi.org/10.1017/s0265052507070082.
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Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures.
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Schwartz, Becca, e Gina Neff. "The gendered affordances of Craigslist “new-in-town girls wanted” ads". New Media & Society 21, n.º 11-12 (30 de maio de 2019): 2404–21. http://dx.doi.org/10.1177/1461444819849897.
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Sex-for-rent schemes have emerged on online sites as rental options. We analyzed 583 advertisements that were posted on Craigslist in London and Los Angeles and interviewed 34 women who were or had been in these arrangements. This research yielded four key tensions: (1) navigating innuendo (mis)interpretation versus preserving arranged ambiguity, (2) the guise of amateurism and romance versus persistent specificity, (3) calculated sacrifice versus narrative of a better life, and (4) consent versus consensual non-consent. Findings attest to the affordances online platforms offer by connecting geographically dispersed parties in a low risk, anonymous forum. Furthermore, present research joins discourses on the commercialization of intimacy and forms of precarious, gendered labor while asserting Internet features are pivotal in facilitating these arrangements. We propose gendered affordances to conceptualize how individual aspirational labor efforts, combined with platform affordances, commodify intimacy for sale on the moral marketplace.
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Wanjiku, Evelyne. "Revenge pornography on the internet". Communicare: Journal for Communication Studies in Africa 40, n.º 1 (5 de outubro de 2022): 151–70. http://dx.doi.org/10.36615/jcsa.v40i1.1515.
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Revenge pornography, which is mainly understood as the publication of nude or intimate picturesof another person without their consent, is a phenomenon that is increasing in occurrence andconstantly changing in the manner in which it is carried out. In Kenya, due to the absence of aproper regulatory mechanism, perpetrators continue to carry out their activities with resoundingimpact and devastating effects on the victims. This article uses discourse analysis to explore themotivations behind non-consensual pornography, reasons and motivations for its prevalence,which include revenge and punishment, entertainment/fun, the sexual objectification of women,“slut shaming”, and denigration of the victim’s character. The paper also looks at the legal andgendered aspects that allow the vice to continue being perpetrated. These include the lack ofclearly defined laws that capture the various forms that revenge pornography can take and thelack of well-trained legal officers and law enforcers who can handle reported cases of revengepornography. The article argues in favour of reform of the current legal framework in order toaddress non-consensual pornography as mediated by the tools of digital technology. This includesa clear legal definition of revenge pornography.
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Besedin, Gleb, e Pavel Stepanov. "Presumption of Consent or a Lack Thereof of the Victim and the Presumption of Guilt (Innocence) of the Accused in Cases of Sexual Offences: Emphasise What Is Necessary, Cross Out Everything Unnecessary". Russian Law Journal 9, n.º 3 (29 de setembro de 2021): 4–35. http://dx.doi.org/10.17589/2309-8678-2021-9-3-4-35.
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The article focuses on the significance and relevance of victims consent in sexual offenses cases. The case-law of national legal systems as well as of international judicial bodies demonstrates that consent is a conditio sine qua non for qualifying an act as a sexual offense. However, the recent examples of criminal cases raised from national and international jurisprudence allow authors to conclude that the non-consensual character of sexual acts is frequently complicated to prove in due to some peculiarities of the sexual offenses per se. This paper analyses the modern technique of sexual offenses criminalization which can be characterized by one of two possible approaches: first, the presumption of the alleged victim’s consent to sexual intercourse or, on the contrary, second, the presumption of the lack of thereof. Despite the fact that the second approach seems to be more favorable for alleged survivors, the implementation of this approach entails a number of difficulties. The main one is the hypothetical conflict with the metapresumption of criminal procedure (i.e. the presumption of innocence). In the paper this contradiction is analyzed from the perspective of the legislation and jurisprudence of different jurisdictions, as well as the practice of international judicial bodies (European Court of Human Rights, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda).
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Zubariev, Oleksandr. "Polyamory: definition, forms, motives for engaging". 27, n.º 27 (29 de junho de 2022): 44–56. http://dx.doi.org/10.26565/2077-5105-2022-27-05.
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The article examines the issue of polyamory in sociological and psychological discourse. It is emphasized that the phenomenon of polyamory is one of the consequences of the transformation of marital and family relations in the 20th century. It is noted that the relevance of the article is related to the revitalization of the discussion of polyamory both at the level of everyday discourse and among foreign scientists; discussions around polyamory as an alternative to monogamy in translated publications on sexological education for teenagers. Polyamory is considered by the author as one of the forms of consensual non-monogamy, that is, such relationships and sexual practices when people have more than one sexual/romantic partner with the mutual informed consent of all participants. The differences of such forms of consensual non-monogamy as polyamory and open relationships, "swing", "relationship anarchy" are discussed. It is noted that, in addition to the informed consent of all participants, polyamory is characterized by a characteristic focus on building long-term romantic relationships. The author considers the forms of polyamory according to K. Labriola: the primary/secondary model and multiple primary partners model. The study of the motives for engaging in polyamory by Slovak authors Hnatkovičová D., Bianchi G. is analyzed in detail. Motives for engaging in polyamory are discussed, such as meeting needs that were not met in monogamous relationships, personal growth and maintaining autonomy, identity development, expression of political values, exploration of LGBTIQ+ identities, desire for sexual diversity, need to belong to a community, and psychodynamic reasons. A conclusion is made about the need for further research on this issue, taking into account the liberalization of sexual morality and the further probable spread of polyamory practices in Western Europe and the USA.
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Kharytonova, Olena Volodymyrivna. "Protection of Human Sexual Autonomy in the Draft of Criminal Code of Ukraine: A Critical View". Herald of the Association of Criminal Law of Ukraine 2, n.º 16 (20 de dezembro de 2021): 178–208. http://dx.doi.org/10.21564/2311-9640.2021.16.244248.
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The article is devoted to the analysis of the foundations of the framework regulation of sexual crimes in the draft of the new Criminal Code of Ukraine. The application of critical optics to the provisions of the project problematizes the issues of protecting human sexual autonomy and understanding the zones of theoretical and practical reflection in which they are rooted. To assess the proposed reforms of the criminal code, modern ideas about sexuality as a gendered phenomenon with a deep social interpretation are applied. The appeal to international standards for protecting human sexual autonomy and combating sexual violence focuses on paradigmatic shifts in assessing the legitimacy of sexual relations, centered around the concepts of "autonomy" and "consent", and the need to improve the draft Criminal Code in this aspect.
The title of the section of the new Criminal Code of Ukraine "Criminal Offenses against Human Sexual Autonomy" is offering as more relevant with modern notions of sexuality and internationally recognized standards for determining the parameters of permissible sexual communication. The author stressing that if the nature of the sexual act is understood only as a desire to satisfy the libido, then some variants of illegal sexual behavior remain outside the scope of the Criminal Code, in particular, in situations where sexual violence is used as a tool to control and convey repressive messages. The propose to base the regulation of sexual crimes in new Criminal Code not on the concept of libido, but on the approach of the Istanbul Convention, according to which a sexual act is an act that has a sexual connotation, is supporting in this article.
The absence of voluntary consent as a constitutive feature of sexual violence emphasizes the fundamental importance of the concept of "voluntary consent", by which consensual sexual act differs from non-consensual and illegal. In this regard the author, analyzing the problem of legal regulation of sexual relations with minors 14 to 16 year-olds, when their sexual life before reaching the age of consent seems outwardly voluntary, suggests discussing the possibility of introducing into the draft of Criminal Code the construct "limited voluntary consent", which will take place when a person is fully not capable to express a voluntary agreement to engage in the sexual activity and to understand the nature and significance of it’s decision regarding sexual relations.
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Szmukler, George, Rowena Daw e John Dawson. "A model law fusing incapacity and mental health legislation". International Journal of Mental Health and Capacity Law, n.º 20 (8 de setembro de 2014): 9. http://dx.doi.org/10.19164/ijmhcl.v0i20.232.
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<p align="left">An outline for a model law is presented here that would govern the non-consensual treatment of people who lack the capacity (or competence) to consent due to mental impairment, whether this is due to ‘mental disorder’ or ‘psychiatric disorder’ as conventionally conceived, or due to a ‘physical disorder’. Our aim in drafting this model law is to give coherent and practical expression to the case, previously made by two of the current authors, that separate legislation authorising the civil commitment of ‘mentally disordered’ persons is unnecessary, and discriminatory, and should be replaced by new, comprehensive legislation that would govern the non-consensual treatment of both ‘mental’ and ‘physical’ conditions. This new scheme – which we have described as the ‘fusion’ proposal – would be based squarely on incapacity principles: that is, on the impaired capacity of a person to make decisions about treatment, from whatever cause – whether this is due to schizophrenia, Alzheimer’s Disease, a learning disability, a confusional state due to infection, a cerebrovascular accident, a head injury, or any other mental impairment.</p><p align="left">A model statute of this kind, drafted largely by Rowena Daw, is presented here in skeleton form.</p><p align="left"> </p><p align="left"> </p><p align="left"> </p>
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Weare, Siobhan. "The Penetrative Offence in Section 4 of the Sexual Offences Act 2003: Offenders, Victims, and Outcomes After Detection". British Journal of Criminology 60, n.º 4 (14 de janeiro de 2020): 930–48. http://dx.doi.org/10.1093/bjc/azz084.
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Abstract Extensive research exists in relation to the Sexual Offences Act 2003, in particular, rape and assault by penetration, the two most serious offences involving non-consensual sexual penetration of the victim. However, the other penetrative offence, causing a person to engage in (penetrative) sexual activity without consent, found in section 4 of the Act, has, to date, been excluded from national statistics and research. This article analyses novel data relating to the section 4 penetrative offence, collected using freedom of information requests from 37 police forces in England and Wales over a 13-year period. The data explore victim and offender demographics and outcomes after detection. The findings challenge understandings around who the victims and perpetrators of penetrative sexual offences are.
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Emeç, Burcu, Michael Martini, Nien Tzu Weng e Roxa Hy. "ça a l’air synthétique bonjour hi". Canadian Theatre Review 197 (1 de junho de 2024): 34–35. http://dx.doi.org/10.3138/ctr.197.007.
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Coming from different artistic and cultural backgrounds in theatre, dance, and media arts, Burcu Emeç, Michael Martini, Nien Tzu Weng, and Roxa Hy zoom in on labour, constructed intimacy, and consent within participation in their transdisciplinary performance Ça a l’air synéthique bonjour hi. Considering the notion of participation in its broadest sense—such as in a community, an economy, and politics—what factors can encourage, discourage, or limit it? In order to explore these factors, the four artists turn to the model of a participatory performance. Realizing that many experiences of participatory art contain troubling, awkward, and often non-consensual elements, they interrogate how this form of performance can offer a parallel to larger questions about participation in an economic and political system.
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Azende, Peter Msuega, e Terhile Jude Ahoo. "Male Perception on Sexual Consent and Coercion in Heterosexual Marriages: The Case of Benue State, Nigeria". Nigerian Journal of Sociology and Anthropology 19, n.º 1 (1 de junho de 2021): 118–31. http://dx.doi.org/10.36108/njsa/1202.91.0180.
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The issue of sexual consent in marriage which is deeply problematic due to the persistence of socio-cultural constraints on women’s sexual agency and sexual decision-making has received less attention. Emerging evidence suggests that coerced, pressured and unwanted sexual activities are generally still common experiences of women. Research concerning male’s opinions on women’s consent to sex in marriage remains scarce. In this article, we explored men’s perceptions on sexual consent seeking and receiving within the context of marriage in order to expose the traditional gender imbalances, and interrogate the male-privileging ideals. Deploying a qualitative research approach, 8 Focus Group Discussions (FGD) with men aged 25-55years and in-depth interviews (IDI) with 12 key Informants were conducted to elicit data. Transcripts of each FGD and IDI were analyzed and major themes were developed. The study adopted the scripting and radical feminism as theoretical underpinnings. The findings revealed that the prevailing socio-cultural context in which men live has tremendous impact on their perceptions on women’s sexual rights and consent in marriage. Most men in the study understand sex in marriage as just one of the duties of a wife. Results also suggest that token resistance beliefs and alcohol consumption among men encourage forced sex. This study clearly shows that the issue of sexual coercion in marriage is fuelled by patriarchal control over women’s sexuality and requires serious attention in the study area. We therefore recommend cultural reorientation and enactment of laws to deal with the issue of non-consensual sex in marriage.
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Alsoubai, Ashwaq, Jihye Song, Afsaneh Razi, Nurun Naher, Munmun De Choudhury e Pamela J. Wisniewski. "From 'Friends with Benefits' to 'Sextortion:' A Nuanced Investigation of Adolescents' Online Sexual Risk Experiences". Proceedings of the ACM on Human-Computer Interaction 6, CSCW2 (7 de novembro de 2022): 1–32. http://dx.doi.org/10.1145/3555136.
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Sexual exploration is a natural part of adolescent development; yet, unmediated internet access has enabled teens to engage in a wider variety of potentially riskier sexual interactions than previous generations, from normatively appropriate sexual interactions to sexually abusive situations. Teens have turned to online peer support platforms to disclose and seek support about these experiences. Therefore, we analyzed posts (N=45,955) made by adolescents (ages 13--17) on an online peer support platform to deeply examine their online sexual risk experiences. By applying a mixed methods approach, we 1) accurately (average of AUC = 0.90) identified posts that contained teen disclosures about online sexual risk experiences and classified the posts based on level of consent (i.e., consensual, non-consensual, sexual abuse) and relationship type (i.e., stranger, dating/friend, family) between the teen and the person in which they shared the sexual experience, 2) detected statistically significant differences in the proportions of posts based on these dimensions, and 3) further unpacked the nuance in how these online sexual risk experiences were typically characterized in the posts. Teens were significantly more likely to engage in consensual sexting with friends/dating partners; unwanted solicitations were more likely from strangers and sexual abuse was more likely when a family member was involved. We contribute to the HCI and CSCW literature around youth online sexual risk experiences by moving beyond the false dichotomy of "safe" versus "risky". Our work provides a deeper understanding of technology-mediated adolescent sexual behaviors from the perspectives of sexual well-being, risk detection, and the prevention of online sexual violence toward youth.
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Prananda, Ariel Syalia, Shafa Ayu Aurellia, Wahidah Mevi Nihayah, Talitha Vanya Ekta, Bunga Cinta Ariesa, Ibtisam Mumtaz Khairunnisa e Rani Sukma Ayu Suteja. "Peran Komunikasi Lembaga Masyarakat dalam Mengatasi Non-Consensual Dissemination of Intimate Images (NCII) di Indonesia". Jurnal Media dan Komunikasi Indonesia 4, n.º 2 (29 de setembro de 2023): 91. http://dx.doi.org/10.22146/jmki.87189.
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NCII stands for Non-Consensual Dissemination of Intimate Images. This term describes the dissemination of intimate content, whether in the form of photos or videos, which is carried out without the consent of the parties involved in the content. NCII is a problem that deserves serious attention in nowadays life. Even though indirectly there is a law to take action against NCII perpetrators, in reality legal protection alone is not enough to overcome NCII problems. It needs communication strategies and involvement from various community institutions in preventing the occurrence of NCII, because after all preventive measures would be much better. Communication includes strategic efforts through socialization, education, advocacy, and mentoring in order to increase awareness of the use of information technology, so as to avoid NCII, one of which is through increasing digital literacy. Therefore, through this conceptual article, the author tries to describe how the role of communication from institutions in society can prevent the occurrence of NCII, including the role of institutions and legal regulations, the role of educational institutions, the role of community organizations, the role of the mass media, and the role of individuals in using communication technology. The data collection comes from observing phenomena and studying literature in order to get relevant references. The conclusion of this article is that the NCII case is not the responsibility of just one person. Synergy between various elements of society is important in creating a safe environment from NCII's actions and supportive situation for victims.
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Leahy, Susan. "‘No Means No’, But Where's the Force? Addressing the Challenges of Formally Recognising Non-violent Sexual Coercion as a Serious Criminal Offence". Journal of Criminal Law 78, n.º 4 (agosto de 2014): 309–25. http://dx.doi.org/10.1350/jcla.2014.78.4.930.
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Although it is no longer necessary to show that force was used in order to prove that sexual activity was non-consensual, it remains difficult to prove that rape has occurred where the complainant has been threatened with an adverse consequence other than physical injury. Although, in principle, any threat (e.g. that of job loss or revelation of a secret) is sufficient to vitiate consent to sexual activity, in practice it remains difficult to prove that a criminal wrong has occurred in such cases. This article argues that this gap between principle and practice is the result of the vague approach to sexual coercion in the Sexual Offences Act 2003, along with a continuing societal preoccupation with force as a requirement for ‘real rape’. In light of these difficulties, it is argued that consideration should be given to introducing a specific offence of obtaining sex by threats to ensure that non-violent sexual coercion is recognised as criminal harm.
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Sinaga, Renald Markus, e Manunggal Kusuma Wardaya. "The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime". Jurnal Dinamika Hukum 21, n.º 2 (30 de março de 2022): 241. http://dx.doi.org/10.20884/1.jdh.2021.21.2.2845.
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Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the “Full respect of privacy” section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.Keywords: child porn; human rights; nonconsensual pornography; porn revenge; right to be forgotten
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Sarkhel, Prasenjit, e Anirban Mukherjee. "Land Acquisition, Markets and Political Networks: Evidence from the Indian Sundarbans". Journal of South Asian Development 16, n.º 2 (agosto de 2021): 194–219. http://dx.doi.org/10.1177/09731741211024874.
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In recent times, land acquisitions in India for both public and private projects are facing stiff political resistance. Existing studies on land acquisition mostly focus on optimal compensation that would secure the consent of land owners. In this article, we argue that besides compensation, membership in different types of networks such as political parties and self-help groups might influence landowner consent. This could occur either because of pro-social concerns or access to better investment opportunities for the compensation amount. Using survey data from flood prone Indian Sundarbans, where the government sought to acquire land to construct embankments, we find evidence supportive of our hypothesis. The survey elicited reservation price response from land owners for a hypothetical land acquisition program. Our estimates show that land owners with self-help group members are more likely to have a higher ask price for agreeing to land sales. In contrast, controlling for length of party association, members of political networks are more likely to sell their land and have a lower reservation price than their non-political counterparts. Our results suggest that, rather than only increasing the compensation package, which is a stock of wealth, it is equally important to enhance the flow of income to ensure consensual land sales.
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Mullock, Alexandra. "Surgical harm, consent, and English criminal law: When should ‘bad-apple’ surgeons be prosecuted?" Medical Law International 21, n.º 4 (9 de novembro de 2021): 343–68. http://dx.doi.org/10.1177/09685332211057004.
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This article examines the legal principles determining when surgical harm becomes a criminal matter. In England and Wales, and other common law jurisdictions, the criminal law has predominantly concerned itself with fatal medical misconduct via the offence of gross negligence manslaughter. The convictions of two surgeons in 2017 (Ian Paterson and Simon Bramhall), for offences against the person, suggests that police and prosecutors have, for the first time, become willing to prosecute surgeons for non-fatal surgical harm. Understanding when non-fatal surgical harm should be treated as a criminal matter is, however, a complex issue. The medical exception to the criminal law legitimizes consensual and reasonable surgical harm. Thus, the question of what is reasonable and what constitutes valid consent is key to determining the parameters of lawful surgery; however, the principles are perplexing and insofar as they may be agreed and understood, they are arguably unsatisfactory. After examining the cases involving serious surgical harm and analysing the doctrines applied, this article argues for a more patient-centred approach. The focus should be on the nature of the harm to the victim, the behaviour of the dangerous surgeon and whether a violation has occurred, rather than on traditional professional assessments, which are unduly deferential to the medical profession.
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Earp, Brian D. "Against legalising female ‘circumcision’ of minors: a reply to ‘The prosecution of Dawoodi Bohra women’ by Richard Shweder". Global Discourse 12, n.º 1 (1 de fevereiro de 2022): 47–76. http://dx.doi.org/10.1332/204378921x16347905414226.
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Defenders of male circumcision increasingly argue that female ‘circumcision’ (cutting of the clitoral hood or labia) should be legally allowed in Western liberal democracies even when non-consensual. In his target article, <xref ref-type="bibr" rid="CIT0142">Richard Shweder (2022)</xref> gives perhaps the most persuasive articulation of this argument to have so far appeared in the literature. In my own work, I argue that no person should be subjected to medically unnecessary genital cutting of any kind without their own informed consent, regardless of the sex characteristics with which they were born or the religious or cultural background of their parents. Professor Shweder and I agree that Western law and policy on child genital cutting is currently beset with cultural, religious and sex-based double standards. We disagree about what should be done about this. In this commentary, I argue that ‘legalising’ childhood FGC so as to bring it into line with current treatment of childhood MGC is not an acceptable solution to these problems. Instead, all medically unnecessary genital cutting of non-consenting persons should be opposed on moral and legal grounds and discouraged by all appropriate means.
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Drückler, Susanne, Jilke Speulman, Martijn van Rooijen e Henry J. C. De Vries. "Sexual consent and chemsex: a quantitative study on sexualised drug use and non-consensual sex among men who have sex with men in Amsterdam, the Netherlands". Sexually Transmitted Infections 97, n.º 4 (8 de abril de 2021): 268–75. http://dx.doi.org/10.1136/sextrans-2020-054840.
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BackgroundChemsex (drug use to enhance sex) has emerged among men who have sex with men (MSM). Non-consensual sex (NCS) is hypothesised to occur frequently under the influence of chemsex, however data are scarce. In this cross-sectional study, it was aimed to assess whether NCS is associated with chemsex.MethodsWe offered a survey about chemsex in the past 6 months (crystal methamphetamine, mephedrone and/or gamma-hydroxybutyrate/gamma-butyrolacton use) and NCS (sexual experiences beyond one’s limits or unpleasant sexual experiences) in the past 5 years to Amsterdam-located gay dating platform users. Associations were assessed using χ² test, Fisher’s exact test and multivariable logistic regression.ResultsOf 891 participants, 30.6% (273 of 891) engaged in chemsex; 21.2% engaging and 16.7% not engaging in chemsex reported any NCS experiences (p=0.109).Among MSM who reported any NCS experiences, chemsex engagers reported being touched against one’s will less often compared with non-engagers (22.4% vs 39.8%; p=0.036). Yet, chemsex engagers reported passing out and not remembering what happened during drug use more often (41.4% vs 8.7%; p<0.001). The level of suffering from NCS experiences did not differ between chemsex engagers and non-engagers (p=0.539); and was rated by most participants with no suffering at all or low suffering (77.1%). In the multivariable regression analyses, chemsex engagement in the past 6 months was associated with NCS (adjusted OR 1.46; 95% CI 1.01 to 2.11).ConclusionsA substantial proportion of MSM (regardless of chemsex engagement) reported NCS in the past 5 years. In multivariate logistic regression analysis, chemsex engagement was associated with an NCS experience. Among participants who reported NCS, suffering related to NCS however, did not differ between chemsex engagers and non-engagers. Sexual healthcare professionals need to address chemsex and NCS during consultations involving MSM and refer men for specialised help if deemed necessary.
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Azam, Mr Akhlaqul. "Legal Interpretations of Women, Rape & Criminal Law (Amendment) Act, 2013". Research and Analysis Journal 6, n.º 1 (29 de janeiro de 2023): 16–22. http://dx.doi.org/10.18535/raj.v6i1.385.
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“Women have always been subject to various heinous crimes. Women are easy victim of crimes because of their gender. There are various heinous and grave crimes that are solely meted to the women. One of the most heinous and grave crime meted to women which physically and emotionally affects the women is rape. Laws has always changed to ensure the protection of women in every aspect. Rape is an offence which is most traumatic in its nature. Prior to Criminal Law Amendment Act,2013 the definition of rape was confined to penal-vaginal intercourse between a male and a female, but after Criminal Law Amendment Act,2013 the definition of rape in the penal code is now expanded beyond penile vaginal penetration, to include all forms of non-consensual penetrative sexual acts by men on women. Moving away from a patriarchal framing of the offence, the offence responds more accurately to how women experience penetrative sexual assault. The new amendment defines ‘consent’, to mean an unequivocal agreement to engage in a particular sexual act; clarifying further, that the absence of resistance will not imply consent. When a girl becomes the victim of rape she passes through mental, social and physical difficulties. The effects of rape can include both the initial physical trauma as well as deep psychological trauma. In this paper the concept of rape in the context of legal changes is dealt.”
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Fang, Chuhan. "Women in Post-World War II America: Portrayals, Stereotypes, and Challenges". Communications in Humanities Research 30, n.º 1 (17 de maio de 2024): 1–5. http://dx.doi.org/10.54254/2753-7064/30/20231118.
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This essay examines the portrayal of women in post-World War II America, focusing on the perpetuation of gender stereotypes and challenges faced by women in the era. Through historical and visual analysis of primary sources, namely a Coca-Cola poster and the iconic V-J Day in Times Square photograph, the study reveals the complexities underlying societal attitudes towards women during this transformative period. The Coca-Cola poster exemplifies the idealized image of women as submissive caregivers, despite their growing role in the workforce. Similarly, the analysis of the V-J Day photograph unveils the contrast between the perceived romance and the reality of non-consensual interaction, shedding light on the evolving understanding of consent and the limitations of prevailing gender norms. By juxtaposing historical context and visual representation, this research underscores the nuanced interplay between media imagery and the evolving societal roles of women in post-war America. The study contributes to a more comprehensive understanding of the challenges and representations women faced in shaping the post-war landscape.
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Karp, Nicholas. "This We’ll Defend: Expanding UCMJ Article 2 Subject Matter Jurisdiction as a Response to Nonconsensual Distribution of Illicit Photographs". University of Michigan Journal of Law Reform, n.º 52.2 (2019): 559. http://dx.doi.org/10.36646/mjlr.52.2.this.
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In March 2017, it was revealed that current and former armed service members shared thousands of nude photos of their female counterparts over social media. Although some of these photos were taken with the women’s consent, almost none of them were distributed with the women’s consent. Victims have little legal recourse. Military law is silent on the matter of non-consensual distribution. Federal civilian law speaks only to interstate stalking, domestic violence, and harassment, while only thirty-four states have revenge porn laws that sufficiently criminalize nonconsensual distribution of illicit photographs. Further complicating matters, the perpetrator’s military status as active duty, reservist, or National Guardsman at the time of the crime determines which remaining punitive remedies are available to the victim, if any. Under the current legal framework, two recent developments in U.S. military policy risk opening female service members to additional exposure. First, in 2015, the Department of Defense opened all combat roles to women. Second, and concurrently, the Department began downscaling the military to a smaller, more flexible force increasingly supplemented by its reserve and National Guard (non-active-duty) forces. In light of these developments, the current state of the law poses an unacceptable risk that the growing number of female service members will be subjected to the dual horrors of seeing lewd photos of themselves plastered across the internet, and of seeing the perpetrator walk freely. This Note argues for expanding Article 2 subject matter jurisdiction of the Uniform Code of Military Justice to include all currently contracted members of the U.S. military—active duty, reservist, and guard—in order to bring peace of mind to those female service members willing to fight for peace abroad.
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Cardoso, Daniel, Patricia M. Pascoal e Francisco Hertel Maiochi. "Defining Polyamory: A Thematic Analysis of Lay People’s Definitions". Archives of Sexual Behavior 50, n.º 4 (maio de 2021): 1239–52. http://dx.doi.org/10.1007/s10508-021-02002-y.
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AbstractThis study aimed to analyze laypeople’s definitions of polyamory and compare definitions presented by people who are not willing to engage in consensual non-monogamy (CNM) and those who are or are willing to be in a CNM relationship. This exploratory qualitative study used data collected from a convenience sample through a web survey, where people answered the question “What does polyamory mean?” We conducted thematic analysis to examine patterns in meaning and used demographic data to compare themes among groups. The final sample comprised 463 participants aged 18–66 years (M = 32.19, SD = 10.02), mostly heterosexual (60%). Of the total sample, 54% were in a monogamous relationship, followed by 21% not in a relationship, and 13% in a non-monogamous relationship. Analysis showed that people define polyamory mostly as a set of behaviors in a relationship, followed by the potential of multiple relationships or feelings for multiple people. Definitions also include emotional, sexual, and ethical aspects. People in CNM relationships are more likely to define polyamory as constituting a potential form of relating, focus more on interpersonal feelings and ethics, and include consent in their definitions than those unwilling to engage in CNM. People in CNM relationships also focus particularly on the non-central role of sex within these relationships, which might challenge assumptions about sexuality in these relationships in clinical and research settings.
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Pyne, Jake. "Arresting Ashley X: Trans Youth, Puberty Blockers and the Question of Whether Time is on Your Side". Somatechnics 7, n.º 1 (março de 2017): 95–123. http://dx.doi.org/10.3366/soma.2017.0208.
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In 2004, a young Seattle girl with significant disabilities known only by the pseudonym Ashley X, underwent a series of medical procedures without her consent. At the request of her parents, Ashley received a mastectomy, a hysterectomy and hormonal treatment, designed to arrest her development in a child-like state. In the eyes of her doctors, her family, and their lawyers, it was urgent that Ashley's body be aligned with her purported cognitive age. The temporal and ethical arguments used to justify her ‘Treatment’ turned Ashley's body into a site of international debate over disability and human rights, consent and medical science, eugenics and human engineering. Yet the similarities and differences between Ashley's non-consensual pubertal arrest versus that actively sought by trans youth are rarely mentioned. This paper uses the clinical and media discourses at work in both the ‘Ashley Treatment’ and the treatment sought by trans youth to think through this moment in which some bodies are treated to greater forms of autonomy while other bodies have none. I argue that the discourses used to secure transition for some trans youth ought to be weighed against the implications for others, in particular for trans youth with disabilities. While the availability of puberty suppression for trans youth can be narrated as a sign that things are getting better, the literatures of queer temporality and critical disability studies help to consider that it may also augur something else—a widening gap between those invested with the ability to stop time versus those who are stopped in time.
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Scrivener, Jodie, Tamuka Gonah e Daniel Richardson. "O29 Patient experiences of sex education in schools – bridging the gap". Sexually Transmitted Infections 93, Suppl 1 (junho de 2017): A10.3—A11. http://dx.doi.org/10.1136/sextrans-2017-053232.29.
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IntroductionRates of STIs are increasing in the UK among young people: here is little data on the quality, coverage and outcome of sex education in schools.MethodsA Self-completed service-evaluation survey of patient experiences of sex education and subsequent sexual health was offered to all patients aged under 25 attending our GP level 2 sexual health service in November 2016.Results110 completed surveys were returned; Median age was 20. 64% F, 35% M, 1% Trans*. 23% identified as LGBT. 27/110(24.5%) reported previous diagnosis with an STI. 92/110(83%) were educated in the UK; 10/110(9%) reported no sex education at all. 55% of respondents felt that the majority of their sex education came via school. The most covered topics in school sex education were: Puberty (81%), Contraception (80%) and STI’s (80%). LGBT relationships (8%) and Anal sex (9%) were rarely included. Safe internet use was discussed with 18% of respondents, and consent with 39%. 63% felt they had enough information to protect themselves. 38% Females and 33% MSM reported having sex without consent, conversely only 8% Heterosexual men reported non-consensual sex. 51% respondents would use a sexual health clinic to gain more information about sex, 55% would use a website for information.DiscussionSexual health services may be ideally placed to work alongside schools in providing sex education. It must not be assumed when seeing patients that they are fully aware of how to protect themselves from sexual harm, and steps must be taken to address any gaps in knowledge attendees may have.
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Tankard, Alex. "Disruption and Disability Futures in Captain America: The First Avenger and Captain America: The Winter Soldier". Journal of Literary & Cultural Disability Studies 16, n.º 1 (1 de fevereiro de 2022): 41–57. http://dx.doi.org/10.3828/jlcds.2022.3.
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Marvel superhero movies celebrate the transformation of disabled people into weapons. First Avenger (2011) depicts a disabled man rebuilt by military technology into a patriotic superhero. In Winter Soldier (2014), the Soviet cyborg’s brutal, non-consensual modification serves to emphasize Captain America’s wholesomely perfected body. At first glance, both films seem incapable of critiquing the historical ableism that made Captain America’s modification a desirable image of disability-free future in 1941—let alone its modern manifestations. However, rewatching First Avenger after Winter Soldier reveals a far less stable endorsement of eliminating disability: alerted to the precise anxieties about bodily autonomy in the series, one can perceive an undercurrent of disability critique running through First Avenger too—often literally in the background. The film exposes the historical ableism that shaped Steve’s consent to modification, and begins to establish his sidekick Bucky Barnes as a persistent critical voice capable of envisioning a different disability future. The article is therefore not only about ableism in a pair of superhero movies but also about how these ableist films contain seeds of an unexpected critique of their own disability representation.
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Azam, Hina. "Rape as a variant of fornication (Zinā) Inislamic Law: An Examination of the Early Legal Reports". Journal of Law and Religion 28, n.º 2 (janeiro de 2013): 441–66. http://dx.doi.org/10.1017/s0748081400000102.
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The contemporary treatment of rape in the penal codes of Muslim nations has come under increasing scrutiny over the last two decades, as several high-profile cases have arisen in which women have claimed sexual assault but been unable to bring sufficient proof of non-consent. In some cases, claimants have subsequently been punished for fornication (zinā) because their accusations were seen as constituting confession to consensual illicit sex, while in other cases, a resulting pregnancy has been taken as evidence of the same. These cases have illustrated the particular problems that stem from defining rape as a coercive variant of fornication, or zinā.These cases have largely arisen in the context of national efforts to Islamize the legal code by bringing laws into line with perceived sharī'a guidelines. This slew of cases has prompted journalists, human rights groups and Muslim reformers to ask whether contemporary “Islamic” rape laws are really continuous with the classical Islamic juristic tradition, or whether they may in fact represent distortions of that tradition. A central point of debate has been over whether Islamic juristic discourse truly placed rape—that is, a man's unlawful sexual intercourse with a woman against her will—under the category of zinā, or not.
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Bishop, Charlotte. "The impact of proposed intimate image abuse offences on domestic violence and abuse". Northern Ireland Legal Quarterly 74, n.º 3 (7 de dezembro de 2023): 559–87. http://dx.doi.org/10.53386/nilq.v74i3.1120.
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This article explores how proposed reforms to the law on intimate image abuse could address situations where intimate images are shared, or threats to share are made, in a relationship where there is domestic violence and abuse (DVA). In exploring the purposes and motivations behind the use of non-consensual intimate images in this context, the harmful impact is demonstrated to be the denial of autonomy and personhood that ‘entraps’ the victim in the relationship. It is essential that this harm, and the underlying motivations of those who use intimate image abuse for this purpose, is made visible under any relevant legislation to ensure that the criminal law effectively condemns and remedies conduct of this kind. It is for this reason that the article concludes that the Law Commission, in its 2021 consultation, was right to consider introducing an offence of ‘intentionally taking or sharing an intimate image without consent with the intent to control or coerce the person depicted’.1 It is further suggested that this fault element may better reflect the culpability of those who engage in threats to share intimate images and should be introduced not just where images are taken and shared, but also where threats to share such images are made.
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Conde, Sílvia V., Fátima O. Martins, Sara S. Dias, Paula Pinto, Cristina Bárbara e Emília C. Monteiro. "Dysmetabolism and Sleep Fragmentation in Obstructive Sleep Apnea Patients Run Independently of High Caffeine Consumption". Nutrients 14, n.º 7 (25 de março de 2022): 1382. http://dx.doi.org/10.3390/nu14071382.
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Daytime hypersomnolence, the prime feature of obstructive sleep apnea (OSA), frequently leads to high coffee consumption. Nevertheless, some clinicians ask for patients’ caffeine avoidance. Caffeinated drinks are sometimes associated with more severe OSA. However, these effects are not consensual. Here we investigated the effect of caffeine consumption on sleep architecture and apnea/hypopnea index in OSA. Also, the impact of caffeine on variables related with dysmetabolism, dyslipidemia, and sympathetic nervous system (SNS) dysfunction were investigated. A total of 65 patients diagnosed with OSA and 32 without OSA were included after given written informed consent. Polysomnographic studies were performed. Blood was collected to quantify caffeine and its metabolites in plasma and biochemical parameters. 24 h urine samples were collected for catecholamines measurement. Statistical analyses were performed by SPSS: (1) non-parametric Mann-Whitney test to compare variables between controls and OSA; (2) multivariate logistic regression testing the effect of caffeine on sets of variables in the 2 groups; and (3) Spearmans’ correlation between caffeine levels and comorbidities in patients with OSA. As expected OSA development is associated with dyslipidemia, dysmetabolism, SNS dysfunction, and sleep fragmentation. There was also a significant increase in plasma caffeine levels in the OSA group. However, the higher consumption of caffeine by OSA patients do not alter any of these associations. These results showed that there is no apparent rationale for caffeine avoidance in chronic consumers with OSA.
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Clancy, Elizabeth M., Bianca Klettke, Angela M. Crossman, David J. Hallford, Dominika Howard e John W. Toumbourou. "Sext Dissemination: Differences across Nations in Motivations and Associations". International Journal of Environmental Research and Public Health 18, n.º 5 (2 de março de 2021): 2429. http://dx.doi.org/10.3390/ijerph18052429.
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Sext dissemination presents policy and legislative challenges given its potential psychological, social, and legal harms. We report on a cross-national comparison of sext-image dissemination in a large sample of 1148 young adults aged 18–29 years (M = 22.54, SD = 2.50, 53.0% women, 47.0% men), either U.S. (53.8%) or Australian (46.2%) residents. The results indicate that 14% of young adults disseminated sexts, with no difference by gender or country. Over 50% of respondents indicated that the last time they received a disseminated sext, it was unexpected or unwelcome, with women twice as likely as men to receive unwelcome sexts. The most frequent motivations for sext dissemination were similar cross-nationally, relating to the attractiveness of the person depicted, as a joke, to gossip, because it was not a big deal, bragging, roasting or teasing, and to increase social status. Motivations of attractiveness, bragging, or social status were more commonly endorsed by men, while women endorsed reasons around gossip or roasting/teasing. Unique predictors of sext dissemination included U.S. residence, requesting sexts, receiving disseminated sexts, having one’s own images disseminated, and more positive subjective norms to dissemination, and there was a country–gender interaction, where Australian women and U.S. men were more likely to disseminate sexts than then U.S. women or Australian men. The findings have implications for prevention programs seeking to address harmful online sexual interactions, including addressing respect, consent, and subjective norms supporting non-consensual dissemination.