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This chapter investigates British sack atrocities to civilians during the Napoleonic era. It analyses how British soldiers represented this violence in their memoirs, especially through the lens of sensationalist gothic horror; and the challenges of estimating the scale of atrocities. It adopts a multi-contextual and multi-causal framework for understanding these atrocities, from situational rage and the brutalising experiences of war to the cultural and political contexts in which sack violence could operate. Whilst most British soldiers participated in the plundering of stormed towns, the murder and rape of civilians during sacks was perpetrated by only a minority. Across soldiers’ writings, we find horror, shame, and moral outrage at such acts; empathy towards the suffering civilian; and a moral duty to bear witness. And despite lamenting the inevitability of such atrocities, this did not prevent individuals, especially officers, from intervening to protect civilians, especially women, acts framed by chivalric and humanitarian ideals.
Sexual crimes against children appeared before the courts with a dramatically increasing frequency over the course of the nineteenth century. But these prosecutions did not always translate into successful convictions of sexual offenders, in part due to contradictory and ambivalent understandings of childhood innocence and doctors’ frequent negative findings concerning the physical traces of these crimes. Medicolegal experts routinely cast moral judgements on the children, particularly working-class girls, identified as victims of sexual crimes. Influenced by bourgeois attitudes toward male honor and notions about the perceived immorality of the working class, these doctors warned that children’s accounts of sexual assault could not be trusted and could destroy men’s reputations. By discounting children’s accounts, doctors laid claim to their exclusive ability to evaluate proof of sexual offenses against children. Furthermore, by discrediting children identified as victims of sexual crimes, medical practitioners shaped attitudes toward sexual assault that presented long-lasting challenges to the pursuit of justice.
Chapter 1 spans the first decade of Cuban independence and explores the juxtaposition of “modern” concerns like hygiene and ancient concerns like honor and proper behavior. At the turn of the century, domestic workers’ physical bodies were subjects of scrutiny and avatars for early republican anxieties. Wet-nursing in particular was a hugely important topic as high infant mortality rates plagued the island. The Cuban government’s focus on literal hygiene and the figurative hygiene of the new republic regularly resulted in a hostile fixation on working-class women’s bodies and movements. The chapter examines the connections between domestic service and prostitution and uses court cases to demonstrate the physical vulnerability of African-descended women and girls both before and after slavery’s end in Cuba.
All civilians – men and boys as well as women and girls – are at risk of sexual and gender-based violence in peacetime and during armed conflict. All are protected against such violence under international humanitarian law (IHL) during situations of armed conflict and by international human rights law. This protection applies at all times and in all circumstances. As the International Committee of the Red Cross (ICRC) has stated: ‘While the prohibition of sexual violence applies equally to men and women, in practice women are much more affected by sexual violence during armed conflicts.’ This chapter explores the legal protection against sexual violence and describes ongoing initiatives to tackle rape as a weapon of war.
This Element is a user's guide to the cultural history of warfare since 1914. It provides summaries of the basic questions historians have posed in what is now a truly global field of research. It is divided into three parts. The first provides an introduction to the cultural history of the state, focusing on the institutions of violence, both political and military, as well as introducing the key concept of the civilianization of war. The second part addresses civil society at war. It asks the question as to how do men and women try to make sense and attach meaning to the violence and cruelty of war. It also explores commemoration, religious life, humanitarianism, painting, cinema and the visual arts, and war literature and testimony. The third part explores the family, gender and migration in wartime, and shows how modern war continues to transform the world in which we live today.
Evolutionary psychology has been suggested to be a promising method to explain the incidence of sexual offending. We identify and discuss three major theoretical approaches to the explanation of sexual offending (specifically male rape). First, we discuss selectionist approaches, which position rape as a distinct outcome of evolutionary processes relating to mating and reproduction, either as a direct adaptation or an evolutionarily related by-product. Second, we discuss evolutionary-developmental approaches which discuss rape in relation to similar evolutionary functions (e.g. mating and reproduction) but with an emphasis on how rape develops over the lifespan. Third, we discuss Malamuth’s confluence model, which considers rape to be an outcome of a range of psychological and situational variables which fall on two broad explanatory pathways (hostile masculinity and sexual promiscuity). We suggest that while these perspectives all have clear merit, they generally lack specificity in relation to causal mechanisms and neglect proximate-level (immediate) explanations. We suggest a possible alternative approach to be one which applies evolutionary theory to the underlying psychological mechanisms which constitute rape directly, which we illustrate through the example of the integration of evolutionary accounts of emotion to the explanation of problematic sexual interests.
Rape and sexual coercion have been recurrent adaptive challenges for women over human evolutionary history. There are many reproductive, physical, and psychological costs of sexual victimization, including mitigation of female sexual choice. The use of rape and coercion are well-documented behaviors in human males intended to circumvent female rejection. The intersexual conflict resulting from these deceptive and sometimes violent tactics likely generated selection pressures for a female defense system to protect reproductive choice. This chapter synthesizes a broad domain of research on the psychology of rape perpetration and avoidance to suggest that women may have evolved a specialized threat management system to mitigate their risk of rape and coercion. This system is hypothesized to be sensitive to inputs that signal either an increased likelihood of sexual victimization or greater costs of sexual victimization. Such inputs are expected to produce an emotional response, fear, that motivates avoidant behavior to preemptively avoid sexual victimization. Here, we discuss research in support of a precautionary psychological threat management system for rape avoidance, highlighting potential inputs to and outputs from this system.
A first shock of the Paradiso is to discover that it has difference, diversity and degrees. Dante questions Piccarda, the lovely sister of his childhood pal, as to whether she doesn’t yearn to have a more exalted station and to be friends with people in higher places. Her response is that the virtue of charity quiets their will so that they do not want anything other than what they have. Since Piccarda was taken against her will by her powerful brother’s henchmen from the convent where she had wanted to sleep and wake with Christ her whole life, and forced into a marriage she did not want, her acquiescence to the will of others seems to endure even in heaven. Yet appeasement in the face of violent threats turns out to be the opposite of resting in the truth of one’s own particular capacity for goodness, in a spectrum of possible goodness that soars way over our heads.
Fair adjudication of campus sexual assault is one of the most divisive issues facing the United States. Victims contend that schools aren't doing enough to protect them, and accused students complain that they are presumed guilty. Sexual Assault on Campus: Defending Due Process begins by critically assessing the extent of the problem, before explaining why the criminal justice system has been unable to respond adequately. The book discusses the Department of Education's attempts to force schools to take campus assault seriously and uses original data in assessing the fairness of adjudication in the wake of the 2011 'Dear Colleague Letter.' It also includes excerpts from interviews with complainants, accused students, and administrators, which offer readers a first-hand account of these proceedings. Finally, the book provides a critical, in-depth look at the Title IX regulations put in place by the Trump Administration, with detailed recommendations for how they can be improved.
A paraphilia is sexual behaviour that lies outside conventional bounds, such as exhibitionism. They are of interest in that lust killers commonly also exhibit paraphilias, and they can form an association with killing. Voyeurism sometimes features in association with lust killing, as a gateway activity. A fetish describes sexual arousal to an inanimate object, while a partialism describes sexual arousal to particular body features, such as feet. Serial lust killers often take objects (such as items of clothing) from their victims, in an attempt to recreate the killing, accompanied by masturbation. Sometimes a body part is taken, such as a breast. The term ‘picquerism’ refers to sexual arousal derived from cutting the skin. There are some features in common between non-lethal rape and lust killing. Rape sometimes serves as a gateway activity for lust killing. Some men are attracted to necrophilia without showing violence towards their target.
The chapter considers the range of features that enable investigators to describe a killing as ‘sexual’, such as clothes removed, objects inserted into the body and presence of seminal fluids on the body. Some killing done in association with sexual behaviour is not motivated by lust. For example, it might represent an attempt to avoid capture following a sexual assault or the accidental result of choking. Some killers reach orgasm from simply cutting a victim, while others (e.g. David Berkowitz) are sexually aroused by shooting a courting couple. The chapter describes a number of common features of a ‘composite killer’, such as cruelty to animals and voyeurism. Various ruses might be used in order to get a victim in the situation where he or she can be killed, such as offering a lift or seeking help. However, the most common method appears to be to engage the services of a sex worker.
In France, the 2021 Act regarding sexual offences recognized incest as an autonomous offence. Previously, the French Penal Code traditionally prohibited incest as an aggravating circumstance based upon minority or the family relationship between the perpetrator and the victim. The problem was that, according to the strict construction principle, the judges had to determine the sexual offence, in turn supporting the aggravating circumstance of incest. To do so, they had to look for the evidence of the lack of consent determined by “violence, constraint, threaten or surprise”. The 2021 Act is the conclusion of several controversial reforms considering this issue.
Chapter 5 delves into three additional cases of treaty interpretation by the human rights treaty bodies. The aim of the chapter is to probe the plausibility of the TLC concept across the human rights regime. I use insights and findings gathered from the drafting process of GC No. 15 to articulate a typology that distinguishes the treaty bodies by their likelihood to need external input when drafting GCs. Drawing on a combination of data – documents and existing scholarship, as well as interviews and personal observations – the case studies ultimately demonstrate the TLC concept to be applicable to drafting processes in other treaty bodies, even where their formation is less likely.
This chapter describes how the duty on States to respect and protect the right to life applies to terminations of pregnancy. Worldwide, tens of millions of abortions are said to take place each year. There is no general right of a pregnant woman to an abortion under customary international law, even within a minimal number of weeks. Nor, however, is there any rule generally prohibiting abortion.
The ethical and religious implications of consumer DNA testing are particularly fraught for deeply orthodox Mormons. Within the Latter-day Saint faith, the obligation to discover and build the relational structure of family across generations forms a core religious duty. Mormons have long fulfilled that duty through genealogical research, creating elaborate family group sheets and detailed pedigree charts. Their genealogical research then provided the foundation upon which for-profit companies like Ancestry.com began and continue to build. The fulfillment of religious duty through the biotechnology of DNA testing revealed a rape my mother suffered decades ago, a secret she considered sin. Across the decades, law failed my mother in so many ways. Although she chose anonymity and silence for 57 years, the relational nature of shared DNA and her granddaughter’s DNA test discounted my mother’s choice. Even if someone chooses anonymity for herself, unless all of her biological relatives do the same, she is always at risk of identification and publicity through shared DNA and genealogical databases like Ancestry.com. If law and ethics recognize an individual’s right to privacy and her claim to anonymity, how should it account for the relational nature of shared DNA that makes complete privacy, complete anonymity impossible?
Several studies have mentioned the link between psychotrauma and psychosis. A direct causal link remains to be discussed.
Evaluate the link between sexual abuse and psychosis.
We report the case of a male patient who developed schizophrenia following sodomy rape. We performed a literature review based on a PubMed search with the following keywords: “rape sodomy psychosis”.
Mr. M., 26 years old, with a personal psychiatric history of chronic psychosis evolving for 10 years, consulted us for follow-up of his schizophrenia. When he was 16, the patient was raped by sodomy by a 40-year-old man under stabbing threat. After this incident, the patient did not verbalize this trauma, he isolated himself, became irritable and aggressive and has had olfactory hallucinations. The symptomatology worsened until the age of 24 when the patient presented a delusional syndrome with a theme of persecution, mysticism, bewitchment by a mechanism of interpretation and visual hallucinations. Then,he was hospitalized in psychiatry for psychomotor instability, verbal hetero-aggression. He had been diagnosed with schizophrenia evolving over 9 years. Treatment with an antipsychotic: risperidone and valproic acid was started. The evolution was quickly favorable but the patient currently presents blunted affect, a sexual disinterest and a strong desire for revenge from his rapist. Treatment adjustment and psychotherapy would be considered.
The onset of subsequent rape psychosis and the persistence of symptoms related to the trauma are arguments in favor of a direct causal link between sexual abuse and schizophrenia.
Women around the world are still victims of violence and discrimination in many areas. In Tunisia, discrimination against women remains a reality, and they are often more vulnerable to violence, especially sexual violence, compared to men.
To describe the epidemiological characteristics of victims of sexual assault in the Mahdia region in Tunisia
This is a descriptive and retrospective study of 110 sexual assault cases examined at the legal medecin department of Mahdia University Hospital between January 2016 and August 2018.
The majority of victims were female (80 %). All genders, 77% were under the age of 25 years old. The median age of the men was 11.5 years. The median age of women was 18. The urban origin was more common (55.5%). Only 8.1% were married compared to 87.4% single. Only 2.7% said they were divorced and only one woman was a widow. 41.8% of the sample said they were still in school and almost 29,1% of the cases were out of work. 3.6% reported a history of sexual assault. The sexual act was the same in all situations. The perpetrator was unique in 73.6% of cases, male (100%), known to his victim (57%) or even a member of the family circle (14%). Sexual assault by penetration was mostly reported (51%), and it was almost exclusively penile(98.2%).
Sexual violence remains under-reported. The statistical data do not allow to know the phenomenon of its whole, because the majority of acts remain unknown, due to the absence of complaints or medical consultations.
In recent years, no area of criminal law has received more public attention than the laws on sexual violence. Discussions about the need for reforms have exhibited a mobilizing force extending far beyond the legal community. From a legal perspective, these discussions concern intricate normative questions regarding the content of the right to sexual autonomy and the suitability of the consent paradigm to establish the limitations of its protection under criminal law. At the same time, they ultimately concern the question of gender-related societal power hierarchies. Acknowledging these broader socio-political dimensions allows us to comprehend the highly contentious manner in which this debate is often conducted. This Special Issue attempts to analyze from a transnational perspective both the fundamental legal and socio-political questions in the current discussions on sexual violence and criminal justice. A recurring theme is the question as to whether criminal law can be used not only as an instrument of repressive social control, but also as a means of power-critical – even emancipatory – social policy.
The controversial trial of five men accused of gang-raping a young woman during the 2016 San Fermín festival and their conviction not for rape, but for a lesser crime of sexual abuse in 2018, known as La Manada (the Wolf-Pack) case, brought the Spanish law under intense public scrutiny. The case led to an outpouring of protests across the country and called for the urgent reform of rape laws, which then led to the drafting of new provisions to address the outcry. To set the analysis in the context of feminist activism, this Article is organized around the hashtags used during the protests. Accordingly, this Article examines three aspects of considerable debate: Namely the distinction between sexual abuse and rape (“it’s not abuse, it’s rape!”), the murky legal understanding of consent (“only yes is yes”), and the introduction of the gender perspective in the legal system (“sister, I believe you”). By addressing these issues, this Article demonstrates the pervasive influence of feminism over recent Spanish law-making, and the continued resistance which such efforts meet. This Article concludes by scrutinizing this effect and examining the conditions under which a civil society network may succeed in challenging socially outdated legal provisions.
Chapter Four explores the rear-brain faculty of memory, and considers both its increasingly ethical function and depictions of adolescent girls’ brains as key negotiators of this work. In Hamlet and Shakespeare and George Wilkins’ Pericles, Ophelia and Marina remember and testify to narratives of the past that are intimately connected to questions of moral leadership and to the preservation of suppressed communities and individuals. Analysis of Pericles begins with Wilkins’ contemporaneous prose account of the play in which he graphically describes the rape of Antiochus’ daughter by her “unkingly” father — an act that the play excludes. The chapter argues that Wilkins’ account is a suppressed history of tyrannical misgovernment that emerges in the play-text through its stagings of paternal violence and the recuperative memory-work of fourteen-year-old Marina. Next, the chapter explores Ophelia’s role in preserving and distributing the memory of regicide in Denmark’s recent history as well as the shared and suppressed histories of Catholics living in Shakespeare’s England. The chapter also argues that Ophelia evokes the exiled Catholic girls, training to commit themselves to God, who were no longer a part of English people’s authorized day-to-day spiritual lives and practices.