Abstract

http://ssrn.com/abstract=1465950
 


 



'Girls Gone Wild' and Rape Law: Revising the Contractual Concept of Consent & Ensuring an Unbiased Application of 'Reasonable Doubt' When the Victim is Non-Traditional


Michele Alexandre


University of Mississippi - School of Law; University of Mississippi

September 1, 2009

American University Journal of Gender, Social Policy & the Law, Vol. 17, No. 1, 2009

Abstract:     
This article, entitled “Girls Gone Wild” and Rape Law: Revising Contractual Concept of Consent and Ensuring an Unbiased Application of "Reasonable Doubt” When the Victim Is Non-Traditional (American University Journal of Gender, Social Policy and the Law, Volume 17, Number 1, 2009), argues that the traditional contractual standard for consent applied in rape cases is erroneous and particularly harmful to non-traditional rape victims. It, therefore, proposes a change to what is coined by the author as a “continuum-based” standard of consent. Courts’ treatment of non-traditional rape victims when applying the traditional contractual consent standard perpetuates gender biases that nullify the very purpose of the rape shield laws. These decisions are full of sexist assumptions and inferences about the victim’s sexual behavior, which courts use to justify their decisions to allow evidence of the victim’s past sexual conduct. This type of evidence unfailingly permeates the jury’s decision as to whether or not the alleged victim’s behavior and past acts are worthy of protection.

Number of Pages in PDF File: 32

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Date posted: November 25, 2009  

Suggested Citation

Alexandre, Michele, 'Girls Gone Wild' and Rape Law: Revising the Contractual Concept of Consent & Ensuring an Unbiased Application of 'Reasonable Doubt' When the Victim is Non-Traditional (September 1, 2009). American University Journal of Gender, Social Policy & the Law, Vol. 17, No. 1, 2009. Available at SSRN: http://ssrn.com/abstract=1465950

Contact Information

Michele Alexandre (Contact Author)
University of Mississippi - School of Law ( email )
Lamar Law Center
P.O. Box 1848
University, MS 38677
United States
University of Mississippi ( email )
Oxford, MS 38677
United States
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