Tuesday, January 21, 2014
Giovanna Shay (Western New England University School of Law) has posted [Including But Not Limited To] Violence Against Women (Southwestern University Law Review, Vol. 42, p. 801, 2013) on SSRN. Here is the abstract:
This Article focuses on the increasing attention commentators and the criminal justice system pay to male sexual victimization and same-sex intimate partner violence. In particular, it highlights three recent developments in criminal justice: the FBI’s adoption of a gender-neutral definition of rape; the debate regarding the reauthorization of the Violence Against Women Act (VAWA); and the promulgation of new Department of Justice (DOJ) regulations under the Prison Rape Elimination Act of 2003 (PREA).
These recent developments reveal a growing movement towards more gender-inclusive conceptions of rape and intimate partner violence.
The Article concludes by observing that the change to a more gender-inclusive approach will have many implications for criminal justice policy and institutions. One critical project is to ensure that courts and prosecutors adopt competent and fair practices in cases involving same-sex intimate partner and sexual violence.