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Personal Autonomy and the Criminal Law: Emerging Issues for Women

NCJ Number
133960
Author(s)
E A Sheehy
Date Published
1987
Length
84 pages
Annotation
This paper first distinguishes four possible equality models that could be used to facilitate women's autonomy under Canadian law and then surveys new criminal law issues of particular relevance to women.
Abstract
There are four possible equality models that can be used to guide the development of policies on women's justice issues. One model would provide strict identical treatment for men and women, and another model would provide for the identical treatment of women with certain biological exceptions. Another model would distinguish between society's treatment of men and women according to a broad array of physical, social, psychological, economic, and political differences. A fourth model would ensure that any differences in the treatment of men and women in the socioeconomic arena do not have the effect of subordinating women to men. The advantages and disadvantages of each of these models as a basis for policymaking are examined. The survey of new criminal law issues pertinent to women focuses on wife battering, sexual assault, feticide (causing the death of a fetus), and special defenses for women. The latter subject encompasses the battered woman syndrome, premenstrual syndrome, and post-partum depression. Chapter notes and a 120-item bibliography

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