Sexual Justice

A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.

When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

Sexual Justice defends a robust a robust conception of lesbian and gay rights, emphasizing protection against discrimination and recognition of queer relationships and families. Synthesizing materials from law, philosophy, psychoanalysis and literature, Kaplan argues that sexual desire is central to the pursuit of happiness: equal citizenship requires individual freedom to shape oneself through a variety of intimate associations.

Ethicist Marvin Ellison compellingly argues that current crises in family, personal life, and sexuality are related to our culture's prevailing attitudes about human sexuality. He proposes a liberating Christian ethic of erotic justice that goes beyond the prevailing patriarchal paradigm.

Restorative justice is gaining acceptance for addressing harm and crime. Interventions have been developed for a wide range of wrongdoing. This book considers the use of restorative justice in response to sexual abuse. Rather than a blueprint or detailing a specific set of programs, it is more about mapping possibilities. It allows people to carefully consider its use in responding to violent crimes such as sexual abuse. Criminal justice approaches tend to sideline and re-traumatize victims, and punish offenders to the detriment of accountability. Alternatively, restorative justice centers on healing for victims, while holding offenders meaningfully accountable. Criminal justice responses tend to individualize the problem, and catch marginalized communities, such as ethnic minorities, within its net. Restorative justice recognizes that sexual abuse is a form of gender-based violence. Community-based practices are needed, sometimes in conjunction with, and sometimes to counteract, traditional criminal justice responses. This book describes impacts of sexual abuse, and explanations for sexual offending, demonstrating how restorative justice can create hope through trauma.

This new book for scholars and university administrators offers a provocative critique of sexual justice language and policy in higher education around the concept of consent. Complicating the idea that consent is plain common sense, Campuses of Consent shows how normative and inaccurate concepts about gender, gender identity, and sexuality erase queer or trans students' experiences and perpetuate narrow, regressive gender norms and individualist frameworks for understanding violence. Theresa A. Kulbaga and Leland G. Spencer prove that consent in higher education cannot be meaningfully separated from larger issues of institutional and structural power and oppression. While sexual assault advocacy campaigns, such as It's On Us, federal legislation from Title IX to the Clery Act, and more recent affirmative-consent measures tend to construct consent in individualist terms, as something given or received by individuals, the authors imagine consent as something that can be constructed systemically and institutionally: in classrooms, campus communication, and shared campus spaces.

“A bold, new voice.” —People “A nuanced addition to the #MeToo conversation.” —Vice A young survivor tells her searing, visceral story of sexual assault, justice, and healing in this gutwrenching memoir. The numbers are staggering: nearly one in five girls ages fourteen to seventeen have been the victim of a sexual assault or attempted sexual assault. This is the true story of one of those girls. In 2014, Chessy Prout was a freshman at St. Paul’s School, a prestigious boarding school in New Hampshire, when a senior boy sexually assaulted her as part of a ritualized game of conquest. Chessy bravely reported her assault to the police and testified against her attacker in court. Then, in the face of unexpected backlash from her once-trusted school community, she shed her anonymity to help other survivors find their voice. This memoir is more than an account of a horrific event. It takes a magnifying glass to the institutions that turn a blind eye to such behavior and a society that blames victims rather than perpetrators. Chessy’s story offers real, powerful solutions to upend rape culture as we know it today. Prepare to be inspired by this remarkable young woman and her story of survival, advocacy, and hope in the face of unspeakable trauma.

The second edition of Sexual Assault provides a broader overview of the crime of sexual assault by adding new chapters on drug facilitated sexual assault, child sexual abuse, sexual abuse of the elderly, sex offender treatment and public policy concerning sex offenders. In addition, the second edition provides more Special Features which truly compliment the academic sections of the book. Also, this new edition completes each of the six parts of the text with a page of suggested discussion questions, videos to show and class activities. Authors Reddington and Kreisel approach the topic of sexual assault in a unique way by examining it from a criminal justice perspective. In giving an overview of sexual assault, examining its victimology, discussing the sexual offender, and looking at the role the criminal justice system plays, this book presents a comprehensive and thoroughly informative study of the crime. The Instructor's Resource Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides available upon adoption. To see sample slides from this 229-slide presentation, click here. Email [email protected] for more information. "The editors did a good job fitting together the different articles on this important subject in a relatively seamless manner. This well-written, straightforward book should be easily read and understood by anyone with an interest in the subject. Summing Up: Recommended." -- CHOICE Magazine, on the first edition "I read every other textbook out there. This is the BEST!" -- Elizabeth Dineen, Bay Path College Department of Criminal Justice Chair

Cassia Spohn and Katharine Tellis assess the criminal justice system¿s response to sexual assault, exploring the complex dynamics that shape the actions of police and prosecutors. The authors draw on unparalleled access to Los Angeles detectives, prosecutors, and case files to make sense of the factors that affect the outcomes of sexual assault claims. Following cases from victim report, to police investigation, to the decision to charge¿or not to charge¿they provide new insights into why shockingly few sexual assault claims lead to an eventual criminal conviction.

This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralistic adversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.