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- Title
A RAPE BY ANY OTHER NAME? THE PROBLEM OF DEFINING ACTS OF PROTECTION DECEPTION AND THE UNIVERSITY AS A SOLUTION.
- Authors
Katsampes, Athena
- Abstract
In 2011, Assange v. Swedish Prosecution Authority held that removal of a condom during intercourse without a partner's consent could sustain a finding of rape liability. In 2017, a court in Switzerland, on similar facts, went further and convicted a man of rape. During the years since Assange, American courts have remained silent on this specific type of deception. Is deceptive interference with sexual protection, without an actual increased risk of physical harm, a rape?. The answer under American law is generally no. But it is time to broadly denounce protection deception. Unique autonomy and gender injuries support criminalizing the offense as a separate statutory crime. However, doctrinal and enforcement obstacles mean that the American criminal system will continue to leave protection deception unaddressed. In light of this silence, universities must fulfill their unique duties as teaching institutions by considering protection deception a serious offense when adjudicating sexual assault claims and educating students about consent.
- Subjects
UNITED States; RAPE lawsuits; SAFE sex; SEXUAL intercourse -- Law &; legislation; SEX crime laws; SEX crimes
- Publication
Virginia Journal of Social Policy & the Law, 2017, Vol 24, Issue 3, p157
- ISSN
1068-7955
- Publication type
Article