Sexual Assault: Law Reform in a Comparative Perspective

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Tatjana Hörnle (Director, Director, Max Planck Institute for the Study of Crime, Security and Law)

Sexual Assault

Law Reform in a Comparative Perspective

Tatjana Hörnle (Director, Director, Max Planck Institute for the Study of Crime, Security and Law)

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English

Oxford University Press
30 March 2023

Comparative law; Offences against the person

Sexual assault law has been undergoing significant shifts around the world. Traditional criminal laws against sexual assault had a narrow scope: they targeted rape as coerced sexual intercourse, and they defined coercion as physical violence or threats with physical violence. Modern offense descriptions are tracing a change in the logic and structure of criminal laws against sexual assault from the offenders' violence to the victims' lack of consent as the key feature of criminal wrongdoing. However, there are clear and marked differences regarding the offence descriptions in substantive criminal laws in various jurisdictions.

Sexual Assault: Law Reform in a Comparative Perspective

provides an overview of the debates surrounding the concept and definition of sexual consent, comparing the context and content of law reform in six countries: Canada, England and Wales, Germany, Sweden, the U.S. (concentrating on the American Law Institute's Model Penal Code), and Spain. Leading scholars in the field also analyse the normative questions that arise once the notion of consent gains centre stage. The overall purpose is to assess whether the new generation of criminal prohibitions reflect coherent and convincing concepts of sexual autonomy and consent, and what could be considered the best models for future law reform.

Edited by: Tatjana Hörnle (Director Director Max Planck Institute for the Study of Crime Security and Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 22mm
Weight: 1g
ISBN: 9780198863397
ISBN 10: 019886339X
Pages: 304
Publication Date: 30 March 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Normative Foundations 1: Michelle Madden Dempsey: The Normative Force Of Consent In Moral, Political, And Legal Perspective 2: Vera Bergelson: Sex And Sensibility: The Meaning Of Sexual Consent 3: Stephen J. Schulhofer: What Does 'Consent' Mean? 4: Stuart P. Green: Presuming Nonconsent To Sex In Cases Of Incapacity And Abuse Of Position Criminal Law Reform In Practice 5: Malcolm Thorburn: Sexual Assault Law In Canada 6: Jonathan Herring: The Sexual Offences Act 2003: England And Wales 7: Tatjana Hörnle: The New German Law On Sexual Assault 8: Claes Lernestedt And Marie Kagrell: The Swedish Move Towards (In)Voluntariness 9: Erin Murphy: Article 213 Of The American Law Institute's Model Penal Code 10: Manuel Cancio Meliá: Sexual Assaults Under Spanish Law: Law Reform, Consent, And Political Identity Thoughts For Future Law Reform 11: Tatjana Hörnle: A Comparison Of Sexual Assault Laws And Some Advice For Law Reform

Tatjana Hörnle is Director at the Max Planck Institute for the Study of Crime, Security and Law in Freiburg and Professor of Criminal Law at the Humboldt-University, Berlin. From July 2009 to September 2019, she held the Chair of Criminal Law, Criminal Procedure, Legal Philosophy, and Comparative Law at the Humboldt-University, Berlin. She is a member of the Leopoldina (National Academy of Sciences), the Berlin-Brandenburg Academy of Sciences and Humanities, the Mainz Academy of Sciences and Literature, and the Academia Europaea.