BSJ

The Butler Scholarly Journal

Category: Law

  1. Reform of Image-Based Sexual Abuse (IBSA): Offence of ‘Upskirting’

    Abstract: Upskirting is a form of IBSA which constitutes a fundamental breach of women’s rights to privacy, dignity and sexual expression. This article supports the introduction of a new offence criminalising ‘upskirting’ and ‘downblousing’ as a form of ‘Image-Based Sexual Abuse’[1] under the Sexual Offences Act (SOA), as the act of creating and/or distributing a non-consensual private sexual photograph breaches an individual’s privacy and dignity. This constitutes serious harassment by ‘steal[ing] sexual gratification without consent’[2] and contributes to the normalization of non-consensual sexual activity which objectifies, humiliates, and disrespects victims. The provision should include ‘downblousing’ to incorporate all private sexual…

  2. Social policy and evidence-based practice: Ne’er the Twain shall meet?

    Much like two pandas in a zoo, science and the law can often be reluctant bedfellows, to the detriment of quality output; be it informed policies or baby bears. Often it would appear that the law is in stark contrast with what research has shown to be effective, resulting in a system that fails many who pass through it. One such example is the employment of a youth justice system that has been shown to actively increase risk of reoffending in youths rather than reducing it. Youth offenders institutions act on the belief that the best way to deal with…

  3. Equality; it’s simple…right?

    Equality; it’s simple…right? The scientist’s head spins with equations, the arts student begins to recall the plights of peoples and the law student inanely quotes legislation. Leaving the equations aside we might suggest that equality is simply treating like people alike; not an unreasonable assertion, certainly not a bad starting point. This idea, known as formal equality, is commonplace in government policy, the workplace, the classroom and elsewhere. Formal equality prevents the worst excesses of discrimination and recognises that humans (by virtue of being human) should be treated with the same amount of dignity and respect. Thus in segregated America,…