On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system. During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent.
Court’s Opinion: The crime of rape is defined as follows: § 3121. Rape A person commits a felony of the first degree when he engages in sexual intercourse with another person not one’s spouse: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; or (4) who is so mentally deranged or deficient that such person is incapable of consent. The victim of a rape need not resist.
She further presents the cases as the source of empowerment for the young women to stand their grounds and marry against the wish of their parents (Sloan, 62). Besides, she explains that most girls presented “maltreatment at home” as their main reason for eloping with their prospective husbands, further challenging the authority of their parents. Sloan (122) narrates with evidence how the youth “alluded to a set of mutual obligations” within the members of a family, their suitors and the family of the partners so as to create rationale for their actions. Through the rapto cases, the youth slowly gained insight in the legal aspects and soon recognized “their status as individuals with rights and guarantees and could wield these concepts effectively in their dispositions and arguments before the judge” (Sloan154). Their understanding of their individual rights fueled them to stage allegations against the parents who either failed or were unable to meet the “end of the bargain”
Article Presentation Kathleen Harris and Alison Crawford (2015) wrote article in relation to, Robin Camp, a federal Canadian court judge, who was adjudicating a sexual assault case involving a 19-year-old women in Calgary, AB in 2014. During the victim’s testimony, Judge Camp asked the 19-year-old women “why she could not just keep her knees together” and “why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you” (Crawford & Harris, 2015). These statements spark issues with the public and our judicial system. Due to this statement, Judge Camp has received many complaints, as well as, under review for his behaviour from the council.
These laws, then, uphold old notions of chastity and virginity, while providing a weapon against men from social groups we do not like. They also deprive women in their mid and late teens of choice under the guise of protecting that choice. The highly “patriarchal and paternalistic” law is what Delgado sees an area for further revue. With the lack of women being charged for such crimes, he questions things such as pressured intercourse and sexual love involving two consenting individuals.
Amy Schaltes effortlessly argues that sex, one of life’s most trivial issues, could be less difficult to handle if parents embraced their children’s natural maturation, instead of shying away from it. Schaltes’s “The Sleepover Question” is informative, and gets the audience thinking. Why is teen sex so controversial? Would talking about it remove the stigma from consensual teenage sex? Further, should the stigma be removed?
Examine how far George and Lennie are loyal to each other throughout 'Of mice and men' In the novella 'Of Mice and Men', by the well-known author, John Steinbeck, the reader is introduced to a varied range of different characters on the ranch; within this realm loyalty between George and Lennie plays a significant role in the lonely itinerant lifestyle. The characters in this short novel act in a world of their own, having no connections to any other type of society; through this Steinbeck can strongly depict the theme of loyalty and friendship in dire situations during this period of time. During the 1930's, at the ranch, a predominant role of intelligent white-males is seen to retain power over lesser groups of people, of which Lennie is portrayed to be this part as he is mentally disabled. Despite this George and Lennie strike up a friendship of loyalty: showing firm and constant support. ' Guys like us got no fambly...they ain't got nobody in the worl' that gives a hoot in hell about 'em' sums up the reason why their loyalty and companionship is so vital and special to each other.
Another attendant circumstance laid out in the statute is that no prosecution can take place unless it was reported by the spouse of the adulterer. The result would be the sexual act taking place, but also the spouse finding out and deciding to report the conduct because it is likely that this crime happens a lot but not as many people are convicted for it because the spouse never found out or never reported it. But, since not all crimes require a specific result to occur (Fradella, p. 67), one may be unsure of whether it needs to be proven that the adultery took place, or if lower levels of proof for the burden of persuasion would
In 1984, all marriages need to be approved by the Party. Couples are not permitted to show sexual desire or strong emotions towards each other. There is a group called the Junior Anti-Sex League who aim to deprive citizens of sexuality by promoting artificial insemination. They believe the sole purpose of sex is for procreation, not pleasure and that it is their “duty to the State”. Julia explains, “when you make love you’re using up energy; and afterwards you feel happy and don’t give a damn for anything.
But it is normative, the ideal to which we aspire precisely because we believe some things are right (faithfulness in marriage) and others are wrong (adultery) (Bennett 410).” Bennett than says, “In assisting that marriage accommodate the less restrained sexual practices of homosexuals.” The writer
L believed that he had the marital right to engage in sexual intercourse wit his then wife. He did not think this to be considered rape. 8. What was the outcome of the case? Who was successful?
Young people love to have sex. There are many types of sex, with the main type being direct sexual intercourse, where there is penetration using the genitals. The act of having sex is an emotional and private experience to most people. Despite this however, many begin exploring this idea around a young age. Award winning author Mohsin Hamid talks in depth on this topic in his novel “Exit West.”
While it is has been held in disbarment cases that the mere fact of sexual relations between two unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior, it is not so with respect to betrayals of the marital vow of fidelity. The Court has considered sexual relations outside marriage as disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage.
Offred describes this act as “Not making love...not does rape cover it: nothing is going on here that I haven’t signed up for” (Atwood #) Offred has been deceived to believe that she has a choice in this act because she chose her role in society. However I believe this is rape, considering that the women were only given cruel and dehumanizing choices to choose from. While the primary purpose of the act is reproduction; another aspect is the fact that this act of sex contributes towards further oppressing women in society. Similarly, in The Women on the Market the women are subjected to roles that revolve around reproduction and the continuation of
People should realize that marriage is the close union and equal partnership of a man and a
