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1 – 10 of 37Rachael Burgin and Jonathan Crowe
This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of…
Abstract
This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of ‘implied consent’, specifically in that it relies on evidence that the defendant and victim-survivor had engaged in (or had even simply discussed) ‘rough’ sexual activity on a previous occasion(s). This narrative of implied consent to rough sex is used to establish either of two things. The first is that the victim-survivor actually did consent to ‘rough’ sexual activity on the occasion in question. The second is that the defendant mistakenly believed in consent, since roughness had been a feature of previous sexual discussions or activities. We argue that the use of the rough sex defence in rape trials is problematic for at least two reasons. First, the defence allows defendants to rely upon false and harmful ‘rape myths’ to avoid accountability for their actions. Second, a reliance on the rough sex defence also contradicts moves to adopt an affirmative consent standard as part of Australian rape law. We conclude by recommending reforms to the legal framework that would help reduce the reliance on the argument that a rape allegation can be explained away as ‘rough sex gone wrong’.
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Francois van Schalkwyk and Nico Cloete
Relations in university settings are becoming more heterogeneous in terms of race, ethnicity, religion, nationality, class, and gender. In South Africa, transformation imperatives…
Abstract
Relations in university settings are becoming more heterogeneous in terms of race, ethnicity, religion, nationality, class, and gender. In South Africa, transformation imperatives have radically changed the complexion of the country’s university campuses but have also entrenched political imperatives in its universities. As a consequence, the university is a highly politicised space. This is not new. What is new is a communication environment characterised by real-time, global networked digital communication and the uptake of digital media platforms (including social media platforms). We explore the effects of politicisation and new modes of communication using the case of a controversial article published in a South Africa journal and the ensuing polemic. Drawing on both institutional theory and Castells’ description of the network society, we conceptualise collegiality along two dimensions: horizontal collegial relations which exist for the purpose of knowledge creation and transfer which, in turn, depends on self-governance according to a taken-for-granted code of conduct; and vertical collegiality which describes collegial relations between academic staff and university management, and which is necessary for the governance of the university as a complex organisation. We conclude that the highly personal nature of communication that is propelled by digital communication has a direct impact on collegial relations within the university. The motivations of both university academic staff and management, as well as the public, extend beyond stimulating collective debate in the service of knowledge production to serving individual and/or ideological agendas as the communication of science becomes politicised. While issues pertaining to collegiality in South Africa may at first glance appear to be unique to the country, we believe that in a globally transforming academy, the South African case may offer novel insights and useful lessons for other highly politicised university systems.
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Hannah Bows and Jonathan Herring
This introductory chapter will provide the context for the collection, introducing the topic(s) of sex, consent, the law and the wider ongoing debates concerning the use of…
Abstract
This introductory chapter will provide the context for the collection, introducing the topic(s) of sex, consent, the law and the wider ongoing debates concerning the use of consensual ‘rough’ sex and/or bondage, discipline, sadism and/or masochism as a defence in homicide cases. An overview of the book will also be provided.
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Lisa Hurt, Kate Langley, Kate North, Alex Southern, Lauren Copeland, Jonathan Gillard and Sharon Williams
The purpose of this paper is to describe current care pathways for children with autism including enablers and barriers, as experienced by health professionals, education…
Abstract
Purpose
The purpose of this paper is to describe current care pathways for children with autism including enablers and barriers, as experienced by health professionals, education professionals and families in South Wales, UK.
Design/methodology/approach
This study is based on a mixed-methods approach using focus group discussions, creative writing workshops and visualisation using rich pictures.
Findings
The experiences of the care pathways differed significantly across the three groups. Health professionals described the most rigidly structured pathways, with clear entry points and outcomes. Education professionals and parents described more complex and confusing pathways, with parents assuming the responsibility of coordinating the health and education activity in a bid to link the two independent pathways. All three groups identified enablers, although these differed across the groups. The barriers were more consistent across the groups (e.g. poor communication, missing information, lack of transparency, limited post-diagnosis services and access to services based on diagnosis rather than need).
Practical implications
This research could inform the design of new services which are premised on multi-agency and multi-disciplinary working to ensure children with Autism spectrum disorders (ASD) receive joined up services and support.
Originality/value
Although this study did not represent all professional groups or all experiences of autism, the authors examined three different perspectives of the ASD pathway. In addition, the authors triangulated high-level process maps with rich pictures and creative writing exercises, which allowed the authors to identify specific recommendations to improve integration and reduce duplication and gaps in provision.
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The focus on local-level policy initiatives in US anti-fracking movements presents unique opportunities to explore interactions between professional advocacy organizations with…
Abstract
The focus on local-level policy initiatives in US anti-fracking movements presents unique opportunities to explore interactions between professional advocacy organizations with regional/national constituencies and grassroots organizations with constituencies who will directly experience changes in local landscapes resulting from unconventional oil and gas development (UOGD). However, research on anti-fracking movements in the US has considered dynamics of interorganizational cooperation only peripherally. This chapter examines factors that motivate coalition building, sources of coalition fragmentation, and the progressive polarization of grassroots anti-fracking and countermovement activists using qualitative research on an anti-fracking movement in Illinois. While grassroots groups may experience some strategic advantages by collaborating with extra-local, professionalized advocacy organizations, these relationships involve navigating considerable inequalities. In the case presented here, I find that coalition building was important for putting UOGD on the policy agenda. However, when anti-fracking activists began experiencing success, institutionalization rapidly produced fragmentation in the coalition, and a countermovement of UOGD supporters was formed. I highlight how ordinary movement dynamics are particularly susceptible to polarization in the context of local land use disputes that “scale-up” to involve broader movement constituencies as perceptions of distributive injustice collide with perceptions of procedural injustice.
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