Michael M. V. Superior Court Case Summary
Michael M. vs Superior Court is the case that brought gender-neutrality in the criminal justice system to the light. Before this case was presented to the court, few states had adopted a gender-neutral statutory rape case and California, where the case took place, was not among them. The defense argued that California’s rape laws went against the Equal Protection Clause of the 14th Amendment. Then there was case of Mary Kay Letourneau, a former schoolteacher that was engaging in a sexual relationship with her 12 year old student. Letourneau was sentenced to 6 moths in jail while Michael M. received 10 years. It’s split into two sides when it comes to the topic of statutory rape and the equality of those involved. Some see it as almost coddling …show more content…
These laws, then, uphold old notions of chastity and virginity, while providing a weapon against men from social groups we do not like. They also deprive women in their mid and late teens of choice under the guise of protecting that choice. The highly “patriarchal and paternalistic” law is what Delgado sees an area for further revue. With the lack of women being charged for such crimes, he questions things such as pressured intercourse and sexual love involving two consenting individuals. He also believes that women are scarcely charged with statutory rape because it is how it “should be. Delgado states that “men and women stand on very different footings with respect to physical and social power”. In some ways, I do agree with Delgado. I completely believe that if you look or act a certain way, no matter the court you are in, you could get prosecuted no matter how unfair it is. Those are truly the only cases that get media attention. I also agree that a male having a sexual relationship with his consenting underage girlfriend should not be brought to trial on statutory rape. If that was the case, most male college freshmen who had high school senior girlfriends would be in jail and the justice system can’t seek out to punish …show more content…
The fact that he states that the laws he just shunned are how they exactly should be is embarrassing. The words “as it should be” are worse than his implication that statutory rape laws are absurd. The fact that he truly believes society would be better off with out the law of statutory rape is beyond me. Not every 12-16 year old is sexually mature enough or even capable of processing the idea of sex so the answer to that is surely to take away the law that protects them, because in his eyes only the very young need this sort of protection. Ridiculous and farcical propositions to say the least. According to Michelle Oberman, who also wrote on the topic, getting rid of statutory rape laws pose to great of a risk to girls and their psychiatric health. Girls involved in either an exploitative one-night-stand or a continuous strand of unethical evenings, have a higher chance of depression, pregnancy, and illness. Overman says despite the usefulness of certain clauses of gender-neutral statutory rape laws, they “ignore the many exploitative sexual encounters between minors of similar ages.” She denotes that with out statutory rape laws being enacted, society risks the well-being of girls no matter the
Mr. Lazarus Flaws Of The Legal System
673 Words | 3 PagesThis is seen as being effective as it is promoting the need to change existing sexual consent laws hopefully in order to achieve justice. This also highlight responsiveness of the government to responding to issues of the legal system regarding the NSW sexual consent laws. Another effectieve part of the legal system seen in this case is enforceability of the sexual consent laws. Although Mr Lazarus did undertake rape “without consent” he truly believed that Ms Mullins gave consent which according to the NSW sexual consent law stating that the accused must know the victim is not consenting is technically proof of enforceability of the law by Mr Lazard as he believed she gave consent. This case showed the effectiveness of protecting individual rights to a fair hearing as they allowed Mr Lazarus and Ms Millins to conduct a fair trial under section 24 of the Charter.
Newdow Supreme Court Case Summary
667 Words | 3 PagesThe case was implied a Magistrate Judge, whose brief discoveries and recommendation completed up, and "the Pledge does not slight the Establishment Clause. " The District Court grasped that proposition and released the protestation on July 21, 2000. The Court of Appeals turned around and issued three separate choices talking about the benefits and Newdow 's standing. As it would see it, the offers court consistently held that Newdow has remaining as a watchman to challenge a practice that meddles with his qualification to facilitate the religious direction of his daughter. That holding managed Newdow 's remaining to challenge not only the game plan of the school locale, where his young lady still is enrolled, moreover the 1954 Act of
The R. V. Ewanchuck Case
280 Words | 2 PagesThe R.v. Ewanchuck (1999) case is a case that shook the Canadian criminal justice system and is considered by feminists a victory because the judge’s decision reflected rape myths and the case is being praised with addressing rape myths in the criminal justice system. The details of the case are; Ewanchuck invited a 17 year- old woman into his van for a job interview ( Dumont, 1999, p. 102-109). After the job interview concluded, Ewanchuck insisted that the woman see his paintings, which were in a trailer behind the van ( Dumont, 1999, p. 102-109). Ewanchuck then took the woman inside the trailer and began to make a series of sexual advances ( Dumont, 1999, p. 102-109).
Persky Vs Brock-Turner Essay
361 Words | 2 PagesIn the January 29, The Stanford Daily editorial Stanford, California, it debates the different essential of the principle of morality and identified Brock Turner had applied a use of force in raping an unconscious woman behind the dumpster. Furthermore, the young man attended Stanford University and participated in his college swim team dreamt of partaking in the Olympus. The victim heartfelt statement during the trial is disregarded because he comes from a class of privilege and is a man. Not to mention, Brock Turner’s father wrote a letter to expressing the universalizability to court saying, “my son’s life shouldn’t be ruined over 20 minutes of action (Dreher,Rod).” Therefore, Aaron Persky who is a California judge implemented an ethical decision that contemplated the clarity around both the specific choice and decision then declared a six months sentenced ruling.
The Case Of Johnny Torres
568 Words | 3 PagesThe Napa Valley Register recently published an article on the hearing for the expulsion of Napa High School football player Johnny Torres. Torres, accused of, “dragging another player through the locker room and helping hold him down while the victim was groped and penetrated by other players,” was not described in the article as a rapist, nor as someone participating in the sexual assault of another individual, but instead, became the all-too familiar character of the goody-goody athlete with not a spot on his record. What is also very apparent in the article is the clear tip-toeing around what Torres and other players have been accused of, which as far as we can tell from the Register’s cryptic concealment, is gang rape. This behavior by both Torres’s family, who requested that the expulsion hearing be made public, and by the media, which in the case of the Register seems to be garnering sympathy for Torres and pulling attention from the heinous
Juvenile Court Case: Kent Vs. United States
970 Words | 4 PagesSupreme Court cases can shape our national laws; it can shape an American citizen’s future. Without them, the Bill of Rights could be left up for our own interpretation. This could cause unfair laws and create havoc. In 1966, a court case named Kent vs United Sates took place. This case could create the ability to shape a juvenile's life forever.
Analysis Of The Unnatural Lottery By Claudia Card
1300 Words | 6 PagesTo many individuals, sexual predators are stereotyped as “weirdos lurking in the bushes” or as stalkers of “women who walk alone” (106). From a critic’s perspective, it seems as if Card has overemphasized her allegation that rape is an institution. Here, Card is making the aggregate of rape cases into something that it is not. According to Card’s definition of an institution, there are “rules that establish roles and positions” as well as the “distribut[ion] of responsibilities and opportunities” (100). However, rapists and sexual predators do not have a set rulebook that they follow, nor do the rapists have a duty to carry out.
Sexual Assault Cases Involving Stranger's Acquaintance In In
1032 Words | 5 PagesNicksa, and Cote (2010) “most of the sources report data ranging from 1.5% to 90% which cannot be relied upon because they are based on one of scrutinize police classifications.” (Lisak, Gardinier, Nicksa, and Cote 2010, p.1322) This study looked at 136 cases of reported rape at Northeastern University over a 10 year span the researchers. The results of this research that out of 136 cases of sexual assault 5.9% were deemed to be false accusation. Tying into this article was the rebuttal research from In JoAnn Belknap’s (2010) study Rape Too Hard
Comparison Of Laws And Attitudes Surrounding Sexual Assault In NSW
984 Words | 4 PagesIn 1997 the total number of sexual assault cases recorded in Australia was 14,138, 60 percent of victims were aged under 20 and 79% of victims were female. Statistics by ABS show in the year of 2021 there were 11,550 reports of sexual assault, 71% of victims being under the age of 18. 83% of the victims were female, an increase of 4 percent since 1997. Many sexual assault cases go unreported in fear that the justice system will fail the victims, statistics such as recent as 2019 show that 14,994 incidents were reported to NSW Police but only 1,207 finalised charges. This shows that the conviction of sexual assault is also a problem towards the victims. Although with the many law reforms in place, sexual assault is still a continuing issue in todays society with 1 in 4 women having experienced sexual assault in their lifetime.
Comparison Of The Glen Ridge Rape And Glen Ridge Rape
1154 Words | 5 PagesGlen Ridge Rape Case vs Steubenville Rape Case Victim The victims in both cases are different but have a few similarities in the cases. In the Glen Ridge Rape Case a woman with an intellectual disability was assaulted. This woman who was identified as M.G., was lured into the basement by a group of male athletes that went to the same high school as her. She was known in the community for her disability making her easy to manipulate and there were a few instances where people did take advantage of her disability and convinced her to do things that were wrong and sometimes inappropriate (“The Glen Ridge Rape”,2003).
Missoula Quotes
1169 Words | 5 Pages[7] In his book, “Missoula,” John Krakauer analyses the issue of rape in the college town of Missoula. Krakauer begins his work by quoting the article False Allegations of Sexual Assault: Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality… And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.
Ehrlich Anthony Coker Case
755 Words | 4 PagesSupreme Court heard and ruled 7 to 2 decision it was unconstitutional to impose a death punishment on someone for rape. The court reasoned that punishments violate the Eighth Amendment of the are “excessive in relation to the crime committed”, that determination about excessiveness are properly informed by the “country’s present Judgement” and that the Georgia law could not survive this type of inquiry because no other state subjected persons convicted of the rape of an adult woman to execution. Moreover the Court explained the Eighth Amendment bars not only those punishments that are “barbaric” but also those that are “excessive” and unconstitutional if it makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering, or is grossly out of proportion to the severity of the crime (pp. 433 U.S. 591-592). ‘The death is disproportionate penalty for rape is strongly indicated by the objective evidence of present public judgement, as represented by the attitude of state legislatures and sentencing juries, concerning the acceptability of such a penalty, it only State authorizing the death sentence, it appearing that Georgia is currently the only state authorizing the death sentence for rape of an adult woman, that it is authorized for rape in only two other states, but only when the victim is a child, and that in vast majority of rape convictions in Georgia
Female Sex Offenders Essay
1479 Words | 6 Pages“Although concerning sexual practices between adults and children have existed throughout history and across cultures, whether such behavior was conceived of and defined as ‘abuse’ has been dependent on the societal values of the particular period” (Denov, 2004). In today’s society, sex offending has become an increasingly, concerning phenomenon that individuals must become more aware of. Although generally regarded as a male phenomenon, over time, female perpetrators have become equally important as male perpetrators. Due to the lack of public awareness, female sexual predators go unreported. As a result, society must become more aware of female sexual perpetrators, as many incidents of females assaulting both young men and women have gone unreported for some time.
Tess Durberville Analysis
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