CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, February 22, 2021

Chen on Universities and Sexual Misconduct

Jianlin Chen (University of Melbourne - Melbourne Law School) has posted The Hidden Sexual Offence: The (Mis)Information of Fraudulent Sex Criminalisation in Australian Universities (42(4) Sydney Law Review 425-467 (2020)) on SSRN. Here is the abstract:
In response to sexual assault on campus, most Australian universities have websites that educate the university community on sexual consent and policies that deal with sexual misconduct. This article systematically examines the websites and policies of 42 Australian universities to catalogue the prevalence and manifestation of legal errors regarding fraudulent sex criminalisation. In finding that problematic legal errors are the norm, the article discusses possible reforms to university governance . The findings are also situated within feminist legal literature on the persistence of rape myths. Regrettably, the findings are yet another example of how societal attitude towards sexual assault remains frustratingly disconnected with progressive legislative changes.

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