
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 contemporary criminal law reforms regarding sexual assault successfully transition from a focus on offender violence to a framework centered on the victim's lack of consent. Tatjana Hörnle, a scholar in criminal law and legal philosophy, compiles contributions from international experts to evaluate the normative consistency of these legal shifts. The text examines how different jurisdictions define sexual autonomy and whether current legislative models provide a coherent basis for future legal developments.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a significant contribution to the comparative study of criminal law reform. Readers frequently note the academic density of the prose, which serves as a rigorous resource for those researching the intersection of sexual autonomy and criminal justice policy.
Page Count:
290
Publication Date:
2023-01-01
ISBN-10:
0192608541
ISBN-13:
9780192608543
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