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Category Archives: Coerced Sex
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
1 Comment
“Survivors Speak: Essential Leadership in Combating Demand for Sex Trafficking and Commercial Sex”
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
3 Comments
“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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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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More Polanski
From the HuffPo (incredibly enough): The Washington City Paper‘s Amanda Hess does a fine job in running down and refuting many of the extant arguments that carry a brief for Polanski. There’s the L.A. Times Patrick Goldstein’s “Polanski’s punishment is … Continue reading
“The word”rape”has been disappeared from the English language”
That’s the title of this interesting post at Historiann. Below are the first two paragraphs: At least in the coverage of Roman Polanski’s arrest it has! I keep hearing about how he was arrested in Switzerland this weekend on … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Sociolinguistics
1 Comment
Former assistant public defender found guilty of having sex with a client in return for promising to work harder on her case.
From the (Albany NY) Times Union: … The six-member panel convicted Matthew Swedick, 39, of one misdemeanor count of official misconduct. He was acquitted on two other counts of the same charge. The case against him goes back two years … Continue reading
Posted in Coerced Sex, Feminism and Law, Legal Profession
1 Comment
The NYT Adulates Christie Hefner, Delicately Refrains From Substantively Mentioning the Hardcore Porn that Generates Most of Playboy’s Revenues
Here’s a curious and alarming excerpt from this incredibly sycophantic article: Her father lent his support to causes like birth control and abortion rights, but activism was at her core. She campaigned for the Equal Rights Amendment and gay rights … Continue reading
CFP: “International Efforts to Address Sexual Violence in Conflict and Post-Conflict Zones”
The Body of the Nation: International Efforts to Address Sexual Violence in Conflict and Post-Conflict Zones Edited by Tonia St.Germain, J.D. and Susan Dewey, Ph.D. President Obama has vowed to put women’s issues at the core of American foreign policy. … Continue reading
Posted in Acts of Violence, Call for Papers or Participation, Coerced Sex, Sisters In Other Nations
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Is the Met Celebrating Woman as Sexual Prey?
A post at Feminist Philosophers asks that question. Above is Vermeer’s “The Milkmaid” which is purportedly charged with erotic imagery related to the vulnerability of women with this social status. –Ann Bartow
Posted in Coerced Sex, Feminism and the Arts, Feminist Blogs Of Interest
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Sexual Assault Prevention Tips Guaranteed to Work!
Sexual Assault Prevention Tips Guaranteed to Work! 1. Don’t put drugs in people’s drinks in order to control their behavior. 2. When you see someone walking by themselves, leave them alone! 3. If you pull over to help someone with … Continue reading
Posted in Acts of Violence, Coerced Sex, Yep, sarcasm.
26 Comments
Rape Shield Redux: Supreme Court of Nevada Finds Rule 26 Applies Where Rape Shield Law Doesn’t
Back in July, I posted an entry about an opinion by the Supreme Court of Alabama permitting discovery regarding a civil plaintiff’s sexual history because Alabama’s rape shield rule only applies to criminal cases. In that post, I argued that, … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Patronizing a Prostitute is not Tax Deductible
The United States Tax Court thus opined today in Halby v. Commissioner, T.C. Memo 2009-204. Pro se plaintiff William Halby claimed more than $76,000,000 in medical expenses, contending that his purchases of pornographic books and magazines as well as for … Continue reading
Posted in Coerced Sex, Women and Economics
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Video Memorial to Deceased Porn Actors
Posted in Acts of Violence, Coerced Sex, Feminism and Technology, The Overrepresentation of Women, Women's Health
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Dan Kahan, “Culture, Cognition, and Consent: Who Perceives What, and Why, in ‘Acquaintance Rape’ Cases” – A Request for Input
Prof. Dan Kahan has written a paper that reports the results of an experimental study of perceptions of consent and other facts in a hypothetical date rape case (patterned closely on Commonwealth v. Berkowitz [court stated that the legislature intended … Continue reading
“What Were Laura Ling and Euna Lee Looking For in North Korea?”
Ji-Yeon Yuh poses this question in this post at the Women’s Media Center. Here is an excerpt: … Proportionally, the trafficking of North Korean women into China is a small part of an enormous worldwide criminal enterprise … However, of … Continue reading
Judge Reportedly Questioned Whether Woman Was Raped Because She Was “On Top”
That’s the headline from this blog post, which reports that Texas State District Judge Kevin Fine, elected as a Democrat, is alleged to have told a rape victim in his court that he didn’t believe she was raped because she … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary
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Why doesn’t the media talk more about the fact that Laura Ling and Euna Lee were investigating sex trafficking?
Wouldn’t you think the media would be a little more invested in figuring out why Ling and Lee were considered threats by North Korea? It’s because they were investigating sex trafficking for Current TV, as only briefly noted in this … Continue reading
“EA has a new way to annoy its own models: give out prizes for Comic Con attendees who commit acts of lust with their booth babes. Also, if you win, you get to take the lady out to dinner! This is going to end well for everyone involved.”
From Ars Technica, where the associative article reports: … At Comic Con, if you commit “an act of lust” with an EA booth babe and take a picture, you could win dinner with said babes, as well as a great … Continue reading
Posted in Coerced Sex, Feminism and Technology
1 Comment
Is Lap Dancing Prostitution?
Over at The Right Coast, Tom Smith makes a good observation here. He reads the Rhode Island legislation [against indoor prostitution, previously blogged here and here] as far from”flawed”: he suggests that it is carefully crafted to permit lap … Continue reading
Posted in Coerced Sex, Women and Economics
6 Comments
What is Prostitution, Anyway?
An interesting aspect of the Rhode Island legislation [against indoor prostitution, previously blogged here] is the General Assembly bill’s definition of prostitution. A person is guilty of prostitution when such person”engages or agrees or offers to engage in sexual conduct … Continue reading
Posted in Coerced Sex, Women and Economics
1 Comment
How to Stop Indoor Prostitution? Ask a Law School Dean
Both chambers of the Rhode Island State legislature have passed bills to”crack down”on otherwise-legal indoor prostitution in that jurisdiction. Both bills aim to penalize both prostitutes and johns, but neither bill comes close to offering any meaningful protection for women. … Continue reading
Posted in Coerced Sex, Feminism and Law, Law Schools
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Women selling sex are arrested and jailed, but the buyers go free?
That’s how I interpret what this article is saying when it reports: … The November raid came after a six-week surveillance of the house on Round Hill Road. The dwelling’s owner, Stephen A. Clark, was arrested Nov. 26 and pleaded … Continue reading
Posted in Academia, Coerced Sex, Feminism and Law, Justice?, Law Schools
11 Comments
Judge Kozinski Will Not Be Sanctioned For Hosting Web Site Featuring Racist, Degrading Porn
The SF Chron reported (in part): … In a decision that it labeled an admonishment, the panel told Kozinski that his conduct “created a public controversy that can reasonably be seen as having resulted in embarrassment to the institution of … Continue reading
Posted in Coerced Sex, Courts and the Judiciary, Justice?
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“Last week, Los Angeles County officials revealed that there have been at least 16 previously unreported cases of HIV among porn performers in the past five years.”
The title of this article at Salon is awful, but it does report the following: Unfortunately, some sad news out of Porn Valley has made that particular feminist (and humanist) angle especially relevant: Last week, Los Angeles County officials revealed … Continue reading
Posted in Coerced Sex, Feminism and Law
6 Comments