
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.
This book investigates whether modern criminal law reforms regarding sexual assault successfully transition from a focus on offender violence to a framework centered on victim consent. The author, Tatjana Hörnle, utilizes a comparative legal analysis to examine how different jurisdictions define and implement sexual autonomy. By evaluating the legislative shifts in six distinct countries, the text argues that while the move toward consent-based models is widespread, the normative coherence of these new prohibitions remains a subject of critical debate.
What You Will Find
Legal scholars and practitioners identify this work as a rigorous comparative study of contemporary criminal justice trends. Readers frequently note the academic density of the prose, which serves as a foundational resource for those studying the evolution of sexual assault legislation.
Page Count:
304
Publication Date:
2023-06-09
Publisher:
Oxford University Press
ISBN-10:
019886339X
ISBN-13:
9780198863397
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