| Sex crime legislation: Proactive and anti-therapeutic effects. | |
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MedLine Citation:
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PMID: 20932579 Owner: NLM Status: In-Process |
Abstract/OtherAbstract:
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Therapeutic jurisprudence may have its major role within law practice, but analysis of the law from a therapeutic perspective is a task that should not be neglected; how a piece of legislation is designed and formulated certainly influences the therapeutic outcome of a legal process. This article uses sex legislation as an example to demonstrate how the old rape law based on coercion has anti-therapeutic effects on rape victims. If the law requires resistance, it implies that a woman is sexually available until she resists physically, resulting in an attitude that a woman reporting rape without injuries should be mistrusted. This mistrust of the victim and the victim's attendant feelings of self-blame aggravate the victim's trauma. On the other hand, a modern rape law based on lack of consent gives the signal that a woman is not available until she has given her consent, resulting in a different starting position for the investigation. Since the will of the victim must be respected, the victim herself must be respected in the legal process. Furthermore, being able to tell one's story in a respectful atmosphere can be more important for the well-being of the victim than the outcome of the reported case. |
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Authors:
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Christian Diesen; Eva F Diesen |
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Publication Detail:
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Type: Journal Article Date: 2010-10-06 |
Journal Detail:
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Title: International journal of law and psychiatry Volume: 33 ISSN: 1873-6386 ISO Abbreviation: Int J Law Psychiatry Publication Date: 2010 Nov-Dec |
Date Detail:
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Created Date: 2010-11-22 Completed Date: - Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 7806862 Medline TA: Int J Law Psychiatry Country: Netherlands |
Other Details:
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Languages: eng Pagination: 329-35 Citation Subset: IM |
Copyright Information:
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Copyright © 2010 Elsevier Ltd. All rights reserved. |
Affiliation:
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Stockholm University, Sweden. christian.diesen@juridicum.su.se |
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From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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