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Sexual Assault: Law Reform in a Comparative Perspective

Sexual Assault: Law Reform in a Comparative Perspective

Author: Tatjana Hörnle
Publisher: Oxford University Press
ISBN: 9780198863397
Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Sexual assault law has been undergoing significant shifts around the world. Traditional criminal laws against sexual assault had a narrow scope: they targeted rape as coerced sexual intercourse, and they defined coercion as physical violence or threats with physical violence. Modern offense descriptions are tracing a change in the logic and structure of criminal laws against sexual assault from the offenders' violence to the victims' lack of consent as the key feature of criminal wrongdoing. However, there are clear and marked differences regarding the offence descriptions in substantive criminal laws in various jurisdictions.

Sexual Assault: Law Reform in a Comparative Perspective provides an overview of the debates surrounding the concept and definition of sexual consent, comparing the context and content of law reform in six countries: Canada, England and Wales, Germany, Sweden, the U.S. (concentrating on the American Law Institute's Model Penal Code), and Spain. Leading scholars in the field also analyse the normative questions that arise once the notion of consent gains centre stage. The overall purpose is to assess whether the new generation of criminal prohibitions reflect coherent and convincing concepts of sexual autonomy and consent, and what could be considered the best models for future law reform.

Normative Foundations

1:The Normative Force Of Consent In Moral, Political, And Legal Perspective, Michelle Madden Dempsey

2:Sex And Sensibility: The Meaning Of Sexual Consent, Vera Bergelson

3:What Does 'Consent' Mean?, Stephen J. Schulhofer

4:Presuming Nonconsent To Sex In Cases Of Incapacity And Abuse Of Position, Stuart P. Green

Criminal Law Reform In Practice

5:Sexual Assault Law In Canada, Malcolm Thorburn

6:The Sexual Offences Act 2003: England And Wales, Jonathan Herring

7:The New German Law On Sexual Assault, Tatjana Hörnle

8:The Swedish Move Towards (In)Voluntariness, Claes Lernestedt And Marie Kagrell

9:Article 213 Of The American Law Institute's Model Penal Code, Erin Murphy

10:Sexual Assaults Under Spanish Law: Law Reform, Consent, And Political Identity, Manuel Cancio Meliá