Student Law Journal (LJMU)
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Admissibility of Sexual History Evidence and Section 41 Youth Criminal Justice and Evidence Act 1999: Do rape trials perpetuate stereotypical beliefs about victims of rape?
Full text linkIn October 2016, Ched Evans was found to be not guilty of rape. The case sparked academic debate, focusing on section 41 Youth Criminal Justice Evidence Act (YCJEA) 1999 which permits the judiciary to consider a complainant’s previous sexual history under specific gateways. This provided scope for attention to be drawn to the Complainant’s lifestyle, rather than the unchivalrous acts of Evans. The Complainant’s lifestyle did not comply with the societal role that women are perceived to play, portraying women to be passive not active participants in sexual activities. Such misconceptions associated with rape myths are imbedded within society and have consequently influenced legal attitudes, especially about victims of rape.
This article challenges the threshold of section 41(3)(c)(i) YCJEA regarding the admission of sexual history evidence. It highlights the concern that the provision has failed to achieve its intended results, namely to shield complainants from unnecessary stereotyping that seeks to challenge their credibility while also ensuring that the defence can meaningfully participate in the trial process. While it is debatable whether Evans opened the floodgates to the admissibility of sexual history evidence, the case demonstrates that allowing it can lead to victim blaming that might deter future victims of rape from coming forward and reporting sexual assaults. This concern is heightened given that defence counsels, juries, trial judges, and the Crown Prosecution Service perpetuate stereotypical beliefs about rape and its victims within the trial process. Fundamentally, the legal response to sexual offences can only be improved through education that will rectify misconceptions about consent and the role women play in sexual activities, eradicating stereotypical beliefs regarding victims of rape
UK Prostitution Legislation and the Implementation of the Nordic Model
Full text linkThe law of prostitution in the United Kingdom (UK) fails in many instances. By focusing primarily on the nuisance of prostitution, UK law does not offer any indication that a prostitute is a vulnerable party in the transaction. Although progress has been made through s.53A Sexual Offences Act 2003, this article argues that UK law requires reform to implement policies that recognise that prostitutes are victims of gender inequality. Originally implemented in Sweden in 1999, the Nordic model is the first to criminalise the purchase but not the sale of sex, reflecting the radical feminist idea that prostitutes are victims of the patriarchal belief that men have a right to on-demand sex. However, while the model reduces on-street prostitution, this does not outweigh the increased risks of violence prostitutes face. Additionally, prostitution as a whole has not reduced, with buyers and sellers using other means to organise the transaction. Although ultimately concluding that the model has far too many negative effects, the article acknowledges the near impossibility of producing a perfect prostitution policy. However, in order to sufficiently protect prostitutes from harm, the law needs to do more than send a message of disapproval. Instead, more social interventions should be implemented to support sex sellers in all aspects of their lives. Prostitution exists and will continue to exist because patriarchy allows it to do so. To eliminate prostitution, patriarchy and the patriarchal belief that men have an intrinsic right to women\u27s bodies must first be dismantled
Economic and Social Rights and Liberal Democracy: Challenging the ‘Symbiotic’ Relationship
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Push and Pull Factors for Catalonia’s Independence
Full text linkThis article critically examines the push for Catalan independence, delving into legal, historical, social, economic, and political aspects that both support and challenge the region\u27s bid for autonomy. Catalonia\u27s historical journey from its independent kingdom status to its current position within Spain sets the backdrop for its ongoing pursuit of self-governance. Together with its distinct culture and language, this makes a strong case for self-determination, asserting a right to shape Catalan’s destiny and protect its identity. Economic considerations, including perceived unfair taxation, further fuel the drive for autonomy as proponents envision Catalonia\u27s self-sufficiency within the European Union. Yet, the article also highlights opposing viewpoints. Critics caution against potential economic instability, pointing to concerns over debt, the establishment of new financial structures, and the intricate relationship between Catalonia and Spain. Shared cultural attributes and economic benefits from unity with Spain are among the arguments against separation. Moreover, Spain’s claim to territorial unity that is supported by constitutional rules of referendums and secession oppose Catalonia’s self-determination. The article also explores the potential external dimension of an independent Catalonia, weighing the advantages of economic growth and self-governance against challenges like the loss of EU citizenship and trade disruptions. In a comprehensive analysis spanning historical origins to contemporary dynamics, this article provides a nuanced understanding of the multifaceted debate surrounding Catalonia’s bid for independence. It offers insights into the complex legal, historical, social, economic, and political factors shaping the region’s aspirations and its future relationship with Spain and the European Union
Intersectional Discrimination and Exploitation Within the UK Fast Fashion Industry
Full text link‘Fast Fashion’ is the term for clothing businesses which create clothes at a quick rate and sell them at low prices, often following the latest microtrends in fashion. While multi-million-pound companies within the United Kingdom (UK) such as PrettyLittleThing and Boohoo are what society sees as the face of this industry, it is really made up of garment workers, 80% of which are women of colour, who are discriminated against and exploited behind the scenes inside and outside of the UK. The legislation that governs how UK companies treat their workers, such as the Modern Slavery Act 2015 and the Companies Act 2006, as well as the Government’s weak response to non-compliance with the national minimum wage, allows this discrimination and exploitation to continue, leading to impunity for employers. The fact that most of these workers are women of colour from non-western cultures highlights that this is an intersectional issue. This article argues that the UK Government is not producing effective legislation that protects workers’ rights, specifically, women of colour garment workers in the fast fashion industry. Overall, tougher legislation must be put in place to ensure that employers and businesses work to eradicate intersectional discrimination and exploitation of garment workers within the fast fashion industry
Do the Current UK Laws Governing Surrogacy and Gamete Donation Adequately Protect the Parents and Children, or is Reform Required to Achieve This?
Full text linkThe UK laws that cover technologically assisted reproduction are from a time in which these techniques were viewed as taboo and the science behind them was new and under -studied. This article will analyse the advantages and disadvantages of the UK’s surrogacy and gamete donation laws. It explores the extent to which they are lacking and, drawing on laws in other jurisdictions to decide what, if any, reforms are needed to ensure that parents and children that are traversing the UK’s systema are treated fairly and with respect.
The article argues that the reform of laws governing gamete donation were adequate, taking into consideration the changes of the publics’ perception of this and the science that makes it possible. However, there are still areas of gamete donation such as the practice of posthumous gamete donation that necessitate reform. Furthermore, this study argues that the law governing surrogacy is in desperate need for reform. The current system can be seen to encourage a system that can leave women in economically disadvantaged countries at risk of exploitation as well as putting the prospective parents in a legally uncertain situations that the judiciary are forced to address
Corporate Social Responsibility, Data Protection and the Right to Privacy
Full text linkTechnology and the internet have added a new stakeholder concern to the Corporate Social Responsibility (CSR) agenda: online privacy and data protection. This article traces the emergence of CSR on the agenda of businesses, considering developments in the United Kingdom, the United States and European Union and the business case that supports a move towards taking CSR seriously. Additionally, the article draws on views of leading theorists such as Friedman and highlights the power of consumer boycotts to pressure corporations to adopt ethical and socially responsible practices. Building on existing literature that establishes data protection as a CSR, the research outlines the legislative efforts to protect personal data and online privacy in the UK, focusing on the General Data Protection Regulation. It also considers the challenges created by Brexit and ongoing legislative efforts that attempt to limit data protection in the UK. Linking CSR and data protection to human rights, the article establishes breaches of data protections as violations of the right to privacy for which businesses should be held accountable. The paper argues that businesses are starting to pay more attention to their CSR in general and data protection as a CSR in particular. However, online privacy is still a rather new concept on the CSR agenda and businesses have to improve their efforts to ensure they have the correct framework in place to use and store data securely
Squaring the Circular Economy: How the UK Disproportionately Tasks Households with Meeting Targets for Plastic Recycling
Full text linkThe United Kingdom has a plastic problem. In 2016, Britons produced more plastic waste per capita than the citizens of any other country, bar the United States.[1] It is for this reason that the UK has continued to adhere to the European Union’s targets for recovery and recycling of plastic, despite leaving the EU in 2020.[2] The EU’s broad objective is for member states to achieve what is known as a circular economy, wherein plastic is collected and reused indefinitely.
In order to achieve a circular economy, the UK sets recycling targets for both households and businesses. The legislation governing how local authorities and private citizens are expected to handle their waste differs significantly from legislation applied to their commercial counterparts. The UK maintains a blanket target of achieving a 65% municipal recycling rate by 2035.[3] This is despite the fact the majority of plastic discarded as household waste is created commercially.
This article considers whether the targets the UK sets are fair and proportionate in the context of the realities of both sectors. It will then question if public policy surrounding how recycling is conducted is sufficiently robust enough to achieve the government’s targets.
[1] Kara Law and others, \u27The United States’ Contribution of Plastic Waste to Land and Ocean\u27 (2020) 6(44) Science Advances.
[2] European Union (Withdrawal Agreement) Act 2020.
[3] Department for Food, Environment and Rural Affairs, \u27Our Waste, Our Resources: a Strategy for England\u27 (DEFRA, 18 December 2018) 67 <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/765914/resources-waste-strategy-dec-2018.pdf> accessed 29 July 2021
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