'Far from the Turbulent Space': Considering the Adequacy of Counsel in the Representation of Individuals Accused of Being Sexually Violent Predators

Cucolo, Heather Ellis; Perlin, Michael L.

doi:10.2139/ssrn.2384899

Cited by 2 publications

(1 citation statement)

References 21 publications

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“…President Joko Widodo has stated that sexual violence is an extraordinary crime that requires strict laws to ensure harsh punishments for perpetrators to prevent people from committing crimes (Cucolo & Perlin, 2015). President Joko Widodo classifies sexual violence as an extraordinary crime so that its handling requires extraordinary actions with appropriate punishments.…”

Section: Indonesian Comparative Law Review -38mentioning

confidence: 99%

Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia

Hardyanthi

Akbar

Napitupulu

et al. 2022

ICLR

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The case of sexual violence is increasing every year in Indonesia. The current prevailed penalties for perpetrators of sexual violence as stated in the Penal Code and the Child Protection Act are considered ineffective. The public then proposed that the perpetrators of sexual violence should be sentenced to death. The study aims to conduct a comparative study between Indonesia and Saudi Arabia in punishing sexual violence perpetrators. This study will look at how the death penalty is deemed appropriate to be applied for sexual offenders. It also explores the prevailed punishments by Saudi Arabian government for sexual violence cases. The study is normative research with employing comparative and statutory approaches. The study shows that sexual violence could be regarded as extraordinary crime as it meets particular conditions. Indonesia opens up the possibilities to punish the sexual offenders with the death penalty. However, Saudi Arabia on the other hand did not impose death penalty for sexual violence perpetrators but rather have a public humiliation as an alternative.

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Section: Indonesian Comparative Law Review -38mentioning

confidence: 99%

Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia

Hardyanthi

Akbar

Napitupulu

et al. 2022

ICLR

View full text Add to dashboard Cite

show abstract

Sex, Sexuality, Sexual Offending and the Rights of Persons with Mental Disabilities

Perlin

Cucolo

Lynch

2017

Laws

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Although the legal issues related to sexual autonomy and sexual offending are significantly different, the resistance to providing adequate and effective counsel and the employment of the vividness heuristic (to privilege anecdote and reject valid and reliable research) is similar in both cases. The past forty years has seen an explosion of interest in mental disability law, and a significant expansion of rights for the population of persons with mental disabilities, both in institutions and the community, during which the society has witnessed a revolution in American mental disability law. It saw the first broad-based, federal civil rights statutes enacted on behalf of persons with mental disabilities. It witnessed the creation of a "patients' bar" to provide legal representation to such persons. But this revolution largely bypassed persons seeking to argue for sexual autonomy and seeking to apply procedural and substantive due process to matters involving invocation of the sexually violent predator status. However, at the same time that all this happened, another parallel set of developments has had a profound application on mental disability law-on case law, statutes, administrative regulations and lawyers' roles. The expansion of the school of legal analysis known as therapeutic jurisprudence has caused scholars to reconsider many of the basic principles of this area of law, and it is critical that any analysis of mental disability law take the insights of this area seriously. The question we address in this paper is this: although there has been a general "revolution" in mental disability law, there are those whom it has not affected. To what extent does the law that governs sexual autonomy and that governs matters involving alleged sexually violent predators comport with these therapeutic jurisprudence principles? This paper considers that question.

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'Far from the Turbulent Space': Considering the Adequacy of Counsel in the Representation of Individuals Accused of Being Sexually Violent Predators

Cited by 2 publications

References 21 publications

Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia

Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia

Sex, Sexuality, Sexual Offending and the Rights of Persons with Mental Disabilities

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