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A New Approach to Non-consensual Oral Penetration

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Abstract
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The Sexual Offences Act 2003 extended the definition of rape to include oral penetration for the first time. This appears to be inconsistent with common understandings of sex and rape, and I submit that this mismatch between ordinary and statutory conceptions of rape undermines the principle of fair labelling and the aims of criminal justice, and likely contributes to attrition. I call for a new offence of non-consensual oral penetration – retaining the maximum life sentence but avoiding the word ‘rape’ – for assaults of this kind. I propose that this change would improve results for victims and perpetrators, and better reflect public perceptions. Categorising a sex offence as something other than rape may also make it easier to reach a conviction, but I argue that gender justice is not served by working towards increased convictions, which is neither a likely nor, perhaps, desirable outcome of feminist law reform.

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  • Single Report
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Gender and trade in Africa: Case study of Niger
  • Jan 1, 2019
  • Ismael Fofana + 2 more

The evidence on the impact of trade liberalization on gender inequalities is not fully established yet, nor is the impact of gender inequalities on trade policy outcomes. Sociocultural norms, legal barriers, and socioeconomic disadvantages are the main gender-based discrimination that affect the distribution of trade benefits between men and women. This study applied to Niger assesses the distributional effects of trade reforms between men and women and sheds light on the impact of gender-based barriers on the outcome of trade reforms. The Common External Tariff (CET) of the Economic Community of West African States has guided Niger’s trade policy since its implementation in 2015. Thus, the study essentially assesses the impact of the CET reform on gender inequalities in Niger. Focusing on employment levels and earnings, the study finds an increased gender gap under the CET implementation, although the custom union reform leads to positive outcomes for both men and women compared to the baseline. Moreover, gender inequalities result in misallocation of resources in the economy and lead to a loss in economic opportunity for Niger. Thus, closing the gender gap in access to productive resources is likely to generate positive outcomes for Niger.

  • Research Article
  • Cite Count Icon 4
  • 10.1017/s0266267120000280
Ordeals, women and gender justice
  • Nov 9, 2020
  • Economics and Philosophy
  • Anca Gheaus

Rationing health care by ordeals is likely to have different effects on women and men, and on distinct groups of women. I show how such putative effects of ordeals are relevant to achieving gender justice. I explain why some ordeals may disproportionately set back women’s interest in discretionary time, health and access to health care, and may undermine equality of opportunity for positions of advantage. Some ordeals protect the interests of the worse-off women yet set back the interests of better-off women in equal opportunities. I suggest how we can use ordeal design to advance particular aims of gender justice.

  • Research Article
  • Cite Count Icon 2
  • 10.1080/13545701.2024.2375986
The Value of Work: The Gendered Outcomes of Organizational Wage Reforms
  • Jul 2, 2024
  • Feminist Economics
  • Hadas Mandel + 2 more

This study explores the influence of organizational practices on gender in/equality in a unique setting: the reformed Israeli kibbutz. The transition of the kibbutz from all members receiving an allowance to waged labor provides an opportunity to explore the impact of wage determination systems on gender pay inequality. The study uses a mixed-method approach: descriptive statistics of administrative data, in-depth interviews, and a focus group with kibbutz management. The findings demonstrate that a “market-based logic,” embedded with gendered preconceptions of “women’s work,” can seep into an organization through a shift in the wage determination system, and increase gender inequality. The findings also highlight the lack of organizational awareness about the gendered consequences of this shift, or even their uncritical acceptance of the “value hierarchy” as ordained by the market. The study thus supports the theory positing gender as a hidden but integral aspect of reward systems in contemporary labor markets. HIGHLIGHTS The choice of a wage determination system is critical for gender inequality. “Women’s work” is valued higher by analytical job evaluation systems, which reduce gender biases. Market-based wage determinations introduce biases and increase organizational gender inequality. Management prefers market-based wage determinations due to competition and costs. The “free market” not only obscures gender hierarchies but also legitimizes them.

  • Book Chapter
  • 10.1057/978-1-137-50750-1_13
Rape Law Reforms in India: Catalyst to Gender Justice or Modernization in Legal Reforms?
  • Jan 1, 2017
  • Bula Bhadra

The chapter explores the issues of rape in India from the broader perspective of feminism(s) and gender justice. The question central to this study is: are adequate to provide gender justice or the modernization of the legal system is merely a part of the neoliberal social order of contemporary India? The chapter has examined the nature of law and/or it's functioning along with critical assessment of the legal provisions and recent Criminal Law (Amendment) Act of 2013 in relation to rape in India. The chapter analyses how historically there is always a clear distinction between law–as-legislation and the law-in-practice. For example, how in every rape trial, a woman goes through a verbal rape in the name of judicial verification, and the judicial discourse objectifies and sexualizes the body by humiliating the victim in a packed courtroom. The chapter thus attempts to evaluate the feminists' claim that legal reforms and criminal justice, in the main disfavour women's interests and viewpoints conceptually, procedurally and substantively. This is in spite of the fact that some laws actually promote formal equality while, at the same time, failing by and large to deliver substantial equality and how gender justice remains a pipedream in spite of the fact that the incidence of rape is alarmingly growing and the rape conviction has remained shamelessly low in India. The chapter advocates that promises and premises for delivering gender justice should be Feminist Lawmaking rather than Modernization in Legal Reform for contemporary India.

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A Report on Sexual Violence Journalism in Four Leading Indian English Language Publications Before and After the Delhi Bus Rape
  • Jun 11, 2013
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  • Daniel Drache + 1 more

A Report on Sexual Violence Journalism in Four Leading Indian English Language Publications Before and After the Delhi Bus Rape

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  • Cite Count Icon 9
  • 10.38157/societysustainability.v3i2.347
Sustainable Development Goals and India’s Commitment to Gender Justice
  • Jan 7, 2022
  • Society & Sustainability
  • Anas Jameel + 1 more

Sustainable Development Goals are a set of seventeen interconnected objectives to achieve a sustainable future for all. They take a holistic and multidimensional approach to development to alter our planet by addressing humanity's many difficulties. It is an essential component of all aspects of inclusive and long-term growth. Women need to have equal rights and opportunities and live without fear of prejudice or violence. Goal five expressly mentions gender equality as one of the SDGs. Discriminatory laws must be changed and legislation enacted to advance equality proactively to achieve the goals. Gender-based violence is a top priority for governments all across the world. India is dedicated to promoting equality for all of its residents. The Indian Constitution's Preamble, Fundamental Rights, and State Policy Directive Principles express a strong commitment to gender equality. Also, India is the signatory of UN Conventions like CEDAW, where its pledge towards gender justice is evident. Furthermore, India has incorporated various domestic laws in pursuance of its responsibility towards Gender Justice. However, in India, Discrimination against women remains a profound issue despite reforms in various laws and different policies. Several concerns like female labor force participation, crimes against women, education among women, and discrimination are evident. This paper mainly throws light on the status of Gender Justice in India. It will help the stakeholders working on SDGs and Gender justice in policy development. It will highlight the gains and gaps that India has so far accomplished and encountered.

  • Research Article
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The Politics of Gender Justice at the International Criminal Court Redux: 2014–2023
  • Jul 6, 2025
  • European Journal of International Law
  • Louise Chappell + 1 more

This article considers the International Criminal Court’s (ICC) gender justice record 25 years after the creation of the Rome Statute of the International Criminal Court. It extends Louise Chappell’s original assessment of the ICC’s performance in securing gender justice, which covered the Court’s first 10 years, to analyse developments in its second decade. The article analyses new data using Chappell’s original gender justice outcomes measures – recognition, representation and redistribution – to argue that the Court has made some important advances, especially in terms of recognition. It notes the value of formal gender policies – especially, the Office of the Prosecutor’s policies on sexual and gender-based crimes and on gender persecution – in cementing new practices supporting gender justice. It also highlights areas where gaps remain, including in judicial understanding and education on the gender-justice issue and in gender-equitable redistribution through reparations and the Trust Fund for Victims’ assistance mandate.

  • Research Article
  • Cite Count Icon 61
  • 10.2307/1317471
Introduction to Social Problems
  • Apr 1, 1989
  • Teaching Sociology
  • Oscar Eggers + 2 more

Each chapter concludes with Linkages, Summary, Researching Social Problems on the Internet, and and Review. 1. Approaches to the Study of Social Problems. What Is a Social Problem? Theoretical Perspectives on Social Problems. Research on Social Problems. Future Prospects: Solving Social Problems. 2. Growth of Corporate and Government Power. Types of Economic Systems. The Concentration of Economic and Political Power. Perspectives on the Concentration of Power. Problems Created by the Concentration of Power. 3. Family-Related Problems. The Family in Society. Attitudes Toward Marriage and the Family. Divorce. Emerging Family Lifestyles. Violence in the Family. Constructing Family Problems: Media Images. 4. Health and Illness. Perspectives on Health Care. Health, Illness, and Society. Mental Illness. Problems in Health Care. Bioethics: Technology and Health. Future Prospects. 5. Poverty. The Extent of Poverty. Who Are the Poor? The Causes of Poverty. Future Prospects. 6. Race and Ethnic Relations. Minority Groups. Sources of Prejudice and Discrimination. Racial and Ethnic Minorities in the United States. Future Prospects. 7. Gender and Social Inequality. Men and Women in Society. The Socialization of Men and Women. The Extent of Gender Inequality in the United States. A Global Perspective on Gender Inequality. 8. Age, Sexual Orientation, and Social Inequality. Age, Life Course, and Social Structure. Problems of the Young. Problems of the Elderly. Homosexuality and Homophobia. Future Prospects. 9. Crime and Delinquency. Types of Crime. Who Are the Criminals? The Criminal Justice System. Future Prospects. 10. Alcohol and Other Drugs. Drugs and Their Consequences. The Extent of Drug Abuse in the United States. Explanations of Drug Abuse. Future Prospects. 11. Prostitution, Pornography, and the Sex Trade. Variety in Human Sexuality. Prostitution. Pornography. Perspectives on Sexual Deviance. Future Prospects. 12. Population Growth and Urbanization. Population Growth. The Growth of Cities. Perspectives on Population and Urban Problems. Consequences of World Population Growth. Problems in Cities in the United States. Future Prospects. 13. Environmental Problems. The Ecosystem. Social Resources of Environmental Problems. Perspectives on Environmental Problems. Social Construction of Environmental Problems. Extent of Environmental Problems. Future Prospects. 14. Violence, War, and Terrorism. The Extent of Violence. Explanations of Collective Violence and War. The Consequences of War. Future Prospects. 15. Education, Science, and Technology. Growth of Education and Technology. Perspectives on Education, Science, and Technology. Problems in Education. Problems of Science and Technology. Future Prospects. Glossary. Bibliography. Photo Credits. Name Index. Subject Index.

  • Book Chapter
  • Cite Count Icon 1
  • 10.4337/9781788114691.00033
Gender, violence and criminal justice
  • Nov 29, 2019
  • Bianca Fileborn

This chapter canvasses key debates relating to gender, violence and criminal justice. Drawing together international scholarship, this chapter illustrates the ways in which gender, violence and criminal justice responses to that violence are interconnected and co-constructed. Firstly, this chapter outlines the ways in which encounters of violence are gendered. Documented patterns of violence suggest that the 'types' of violence we encounter, and the contexts in which violence occurs, follow highly gendered patterns. Enacting or experiencing violence is likewise intimately connected with the performance and embodiment of gendered identity. Secondly, by drawing on the case studies of sexual violence, and the provocation defence, this chapter interrogates the role of the criminal justice system in the (re)production of gendered norms, understandings of what constitutes 'violence', and in delineating the 'appropriate' use of violence by particular, gendered bodies. The final section of this chapter moves on to consider emerging debates on victim-centred justice responses to violence. Ultimately, this chapter suggests that gender, violence and criminal justice are thoroughly entangled with each other in complex, multiple and shifting ways.

  • Research Article
  • Cite Count Icon 38
  • 10.1037/lhb0000146
Possibility of death sentence has divergent effect on verdicts for Black and White defendants.
  • Dec 1, 2015
  • Law and Human Behavior
  • Jack Glaser + 2 more

When anticipating the imposition of the death penalty, jurors may be less inclined to convict defendants. On the other hand, minority defendants have been shown to be treated more punitively, particularly in capital cases. Given that the influence of anticipated sentence severity on verdicts may vary as a function of defendant race, the goal of this study was to test the independent and interactive effects of these factors. We conducted a survey-embedded experiment with a nationally representative sample to examine the effect on verdicts of sentence severity as a function of defendant race, presenting respondents with a triple murder trial summary that manipulated the maximum penalty (death vs. life without parole) and the race of the defendant. Respondents who were told life-without-parole was the maximum sentence were not significantly more likely to convict Black (67.7%) than White (66.7%) defendants. However, when death was the maximum sentence, respondents presented with Black defendants were significantly more likely to convict (80.0%) than were those with White defendants (55.1%). The results indicate that the death penalty may be a cause of racial disparities in criminal justice, and implicate threats to civil rights and to effective criminal justice.

  • Book Chapter
  • 10.58532/nbennurbjiksw3
DHARMIC DIALECTICS AND GENDER JURISPRUDENCE: VEDIC AXIOMS TO CONSTITUTIONAL ADJUDICATION
  • Apr 17, 2025
  • Chaitali Wadhwa

This chapter presents a comprehensive examination of the intricate relationship between Bharatiya traditions and gender justice in India, with particular emphasis on the evolution of Hindu legal frameworks from ancient textual prescriptions to contemporary judicial interpretations. The analysis commences with an elucidation of the multifaceted nature of Bharatiya epistemic traditions, highlighting the oscillation between egalitarian and hierarchical gender conceptions throughout India's juridical history. Gender justice is positioned as a critical site where indigenous normative frameworks intersect with constitutional values and global human rights discourse.The chapter proceeds to interrogate Vedic textual sources, which constitute the foundational stratum of Hindu jurisprudence. These sources reveal nuanced conceptualizations of gender relations in matrimonial contexts, and further extends to female participation in military endeavors, identifying instances of women's involvement in warfare and strategic defence, thus challenging monolithic narratives of female exclusion from martial domains. Additionally, educational parity receives focused attention, with textual evidence demonstrating the existence of female scholars and their contributions to philosophical and theological discourse.A paradigmatic transformation is subsequently traced through Smriti codification, wherein the relatively fluid gender constructions of the Vedic period underwent systematic stratification. The chapter critically examines how Manusmriti and analogous texts reconfigured female positionality within increasingly patriarchal normative structures, while simultaneously preserving certain protections and ritual significances for women. This section delineates the hermeneutic processes through which commentarial traditions selectively emphasized restrictive provisions while marginalizing emancipatory possibilities inherent in the same textual corpus.The analysis then transitions to postindependence legal developments, focusing on significant reforms in Hindu personal law that recalibrated traditional provisions through the prism of constitutional values. The Hindu Code Bills of the 1950s are examined as watershed legislative interventions that fundamentally restructured matrimonial relations, inheritance rights, and guardianship frameworks. This legislative evolution is complemented by an analysis of judicial catalysis, wherein landmark rulings progressively expanded the scope of gender justice through innovative constitutional interpretations.The chapter culminates with an examination of contemporary judicial interventions that have profoundly reconfigured the socio-legal landscape. Landmark judgements are analyzed as exemplars of transformative constitutionalism wherein religious practices and customary norms are increasingly subjected to constitutional scrutiny.The conclusion synthesizes these diachronic analyses to articulate a distinctive jurisprudential approach that harmonizes dharmic principles with contemporary rights discourse. The chapter identifies emergent possibilities for feminist hermeneutics specifically adapted to Sanskrit juridical texts, non-dualistic legal frameworks, and integration of ecological principles from Vedic traditions into gender justice conceptualizations—positioning India as a generative source of jurisprudential innovation within global discourses on gender equality.

  • Research Article
  • Cite Count Icon 33
  • 10.1108/ccsm-02-2017-0020
Culture and context matter: gender in international business and management
  • Mar 1, 2017
  • Cross Cultural & Strategic Management
  • Lorraine Eden + 1 more

PurposeThe purpose of this paper is to argue that culture and context (policy and environment) are key factors affecting gender inequalities within and across countries.Design/methodology/approachThis paper applies conceptual and descriptive statistics.FindingsThe authors found evidence of increasing gender equality in the workplace, but only for rich countries. Gender inequalities persist in the poorest countries, and the gap between rich and poor countries appears to be widening not narrowing.Research limitations/implicationsThis paper demonstrates the need for a comprehensive research program on gender and international business.Practical implicationsThe authors provided useful statistics that could possibly be picked up by newspapers. The paper also highlights the need for a more sustained research program on gender and development.Social implicationsThis paper demonstrates that the public perception of increasing gender equality applies only in very high development (rich) countries. In fact, gender inequality rises as economic development levels decline across countries, and the gap between very high and low countries has widened over the past 15 years.Originality/valueThe empirical findings with respect to gender inequality across United Nations Development Program country categories over time are, to the best of the authors’ knowledge, novel and original. Relating the gender inequality gap to culture and context highlights the roles that social issues and the environment play in affecting gender inequality across countries and across time.

  • Book Chapter
  • 10.1007/978-94-6265-551-5_13
Gender Imbalance at the ICC: The Continued Hegemonic Entrenchment of Male Privilege in International Criminal Law
  • Nov 26, 2022
  • Angela Mudukuti

The ICC, an invaluable part of the international criminal justice landscape has a mixed bag of successes and failures. There are many challenges facing the Court and the Assembly of States Parties (ASP) and one of them is the shocking gender imbalance at the senior levels of the Court and within the ASP. The Independent Expert Review (IER) process, which came about in a bid to improve the Court’s efficiency and effectiveness, produced a voluminous 348-page report released in September 2020. It reveals a number of concerning issues including sexual harassment which is inextricably linked to the chronic staff related gender imbalance at the ICC. Gender imbalance, perpetuated by many factors including hiring practices, entrenches hegemonic ideas related to male privilege at the expense of women. Taking into account the findings of the IER, and other studies this chapter will delve into the gender imbalance and the associated consequences including how the imbalance affects the field as a whole. This chapter will also look at ways to change the imbalance including better recruitment practices, and tenure policies.KeywordsGender imbalanceICCIndependent Expert ReviewMale privilegeSexual harassmentWorkplace culture

  • Research Article
  • Cite Count Icon 3
  • 10.2139/ssrn.3338052
What Is Relational Justice?
  • Mar 21, 2019
  • SSRN Electronic Journal
  • Samuel H Pillsbury

What Is Relational Justice?

  • Research Article
  • 10.29121/shodhkosh.v5.i4.2024.3423
THE CONTRIBUTION OF WOMEN ON JUDICIAL DECISION-MAKING IN THE INDIAN JUDICIARY
  • Apr 30, 2024
  • ShodhKosh: Journal of Visual and Performing Arts
  • Najiya + 1 more

Women's involvement to the Indian judiciary's making of decisions has been pioneering and continues to progress. In count to expanding their number in the courts, female judges take had a major influence on constitutional law over time, especially regarding gender justice and rights. Their decisions reflect the importance on social justice, equality, and preserving women's rights in a patriarchal culture. By examining their impact on landmark decisions, especially those related to women's rights, gender justice, and progressive changes in the law, this article examines the critical part played by female judges in the Indian court. Understanding how women have shaped the constitutional framework and challenging traditional one’s patriarchal interpretations of the law is critical to understanding how the judicial system is changing. However, despite their significant, challenges like resistance, underrepresentation, and gender bias remain prevail. With an emphasis on noteworthy judgments, judicial perspectives, and the ongoing difficulties played by female legal professionals, this article provides an in-depth study of their achievements in law. Gender balance and a gender equitable work environment in the judiciary is beneficial and important for improving fairness, legitimacy and quality of the judiciary, reducing barriers in women’s contact to justice, and bringing women’s voice and perspective to the bench. Noting gender gaps at the higher echelons of judgeship positions that persist partly due to unfavourable and non-transparent nomination and promotion systems, heavy workloads with a lack of family-friendly schemes, lack of political will, and persistent stereotypes and taboos, this chapter focuses on various measures to enhance gender equality of judiciaries. To achieve this, steps must be taken to recruit, retain, and advance men and women from a variation of backgrounds into judicial careers; create a thorough framework for gender equality in judicial decision-making; and track the results of gender equality programs in the judiciary.

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