rape

The moral and legal rights to sue a party do not always conform well. In cases where legal rights are not established, one may obviously be entitled to file a lawsuit against the action conducted outside the ethical frameworks. In contemporary legal systems, “the right to sue someone” must be based on statutory law; however, there are some issues which are not recognized in national laws or international right-oriented systems, but they have theoretical significance. Because some of these issues cannot be easily denied in terms of morality and just because they are not recognized, they cannot be rejected or undermined. In other words, a moral right shall not be denied merely because it is not recognized as a legal right.  <br />Therefore, this article seeks to look at the moral right of the child born out of rape and prove that if a mother decides to keep and give birth to such a child, can the child bring a charge against the mother?   <br /><br />

The victim's intervention in the proceeding and the hearing of the pain and injuries inflicted on them are considered influential factors while passing judgment on the accused under New Zealand criminal law. The victim is either injured because of the crime or has already been vulnerable for some reasons exuberates the situation. The New Zealand criminal system assesses type and offense-seriousness in both cases to pass sentence on the accused. The present research aims to study the impact inflicted on rape victims in determining sentences. It is a descriptive, analytical study conducted using the content analysis technique. A purposive sample of 15 rape cases was selected from the New Zealand criminal system and coded using ATLAS software. The results show that if the accused is found guilty of pre-planned raping by resorting to physical violence, making sense of humiliation and severe mental harm, or rape is committed against vulnerable victims, the court aggravates the culprit's punishment based on the extent of the harms inflicted on them. It can be in the form of an increases period of preventive imprisonment, rejection of the plea for mercy or conditional discharge, the traverse of revision, and the extension of therapeutic or rehabilitation courses or compelling the offender to join them.

The present study shows that abolitionist feminists, inspired by Foucault's biopolitical and agonistic analysis of power and his view on the capacity of modern power (bio-power) in the construction of subjectivity and the necessity of resistance against all forms of subjectivity as forms of subjugation, have proposed some abolitionist feminist criminal strategies in the fight against sexual violence against women as resistance strategies to subjectivity. The purpose of the study is to consider the inspiration of abolitionist feminist criminal strategies from Foucault's theory of power and provide two concrete examples of these strategies by using the methodology of critical discourse analysis of bio-power. The current study analyzed two abolitionist feminist-Foucauldian criminal strategies: Chloe Taylor's negative abolitionist feminist criminal strategy (2019) and Holly Henderson's positive abolitionist feminist criminal strategy (2007). Explaining the process of construction of the sex-delinquent subject and the process of construction of feminine subjectivity and providing ways to fight against these two forms of subjectivity, as forms of subjugation that are constructed by bio-power, are the principal axes of analysis in these Foucauldian abolitionist criminal strategies. The result of the current study is that Taylor, with a Foucauldian approach, shows how bio-power produces sex-delinquent subjects in two ways: the normalization of sexuality and the normalization of sexual violence in prison. According to Taylor, the only way to end sexual violence is to subvert the sex-delinquent subject as a form of subjectivity, and the only way to do this is to abolish prison. Henderson, with a Foucauldian approach, shows how bio-power produces feminine subjectivity through the normalization of sexuality, and this feminine subjectivity is the reason for the continuation of sexual violence. Henderson argues that to prevent sexual violence, the feminine subjectivity must be deconstructed, or in other words, the female body should be re-conceptualized in the structure of violence by recognizing the capacity of resistance in the female body and her agency. Therefore, inspired by Foucault's view on the agonistic conception of power, she proposed a positive abolitionist criminal strategy by promoting physical feminism and self-defence. Taylor calls for the implementation of transformative justice as an alternative to criminal justice to combat sexual violence, and Henderson calls for the implementation of preventive justice, a type of physical feminism, to prevent sexual violence. The research findings confirm the feasibility and applicability of Taylor and Henderson's strategies in the context of societal models of criminal policy, which seek to combat or prevent crimes outside the state and the criminal justice system. In comparison between these two strategies, transformative justice has been more developed and applicable.