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Wendy Murphy | |
|---|---|
| Born | August 13, 1961 |
| Alma mater | Boston College |
| Occupation | Lawyer |
| Known for | Handling legal cases related to child abuse and sex crime |
Wendy Murphy (born August 13, 1961) [1] is a lawyer specializing in child abuse and interpersonal violence. [2]
Murphy received a BA from Boston College in 1983 [3] and became a Juris Doctor from New England Law Boston in 1987. [4]
Murphy began her career as a prosecutor in Middlesex County, handling legal cases related to child abuse and sex crime. Then, she switched to her private practice to focus on violence against women and children. [2] Murphy is an adjunct professor of sexual violence law at New England Law Boston. [5] Murphy was a visiting scholar at Harvard Law School from 2002 to 2003. Earlier, she taught Reproductive Rights and Technologies at the Massachusetts Institute of Technology. [6] She is the founder and director of the Victim Advocacy & Research Group, which is a volunteer legal advocacy organization that, since 1992, has provided free legal services to victims in the criminal justice system. [6]
She successfully sued both Princeton University and Harvard Law School for violating Title IX regulations “by mishandling sexual assault complaints.” [7]
Of the case against Harvard Law School, she writes:
“The case began when Harvard Law School hired me as a consultant in early 2010, in connection with a Title IX matter. When I pointed out to Harvard officials that their policies were noncompliant, and they refused to fix them, I filed a complaint with the Office for Civil Rights in which I identified numerous substantive and procedural violations of Title IX that were then in place in the law school’s policy.” [8]
With co-counsel John Williams, she sued Yale University on behalf of Susan Daria Landino (formerly Burhans). This was another Title IX case and the first Jackson v Birmingham case filed by a higher education administrator rather than a sports coach. [9]
When serial child rapist Wayne Chapman was to be released from jail, she represented his victims to keep him in jail. [10] She filed an appeal with the Supreme Judicial Court asking for an emergency injunction preventing his release. [11]
According to author Stuart Taylor, Jr., she is also a supporter of the "guilty-until-proven-innocent" principle in the American judicial system. She was quoted as saying, "I'm really tired of people suggesting that you're somehow un-American if you don't respect the presumption of innocence because you know what that sounds like to a victim? Presumption: You're a liar." [12]
Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.
Some victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.
Sexual misconduct is misconduct of a sexual nature which exists on a spectrum that may include a broad range of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of morality, sexual harassment and/or criminal sexual assault.
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature; however, some sex offenders have simply violated a law contained in a sexual category. Some of the serious crimes which result in a mandatory sex-offender classification are sexual assault, statutory rape, bestiality, child sexual abuse, incest, and rape.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator. These categories are referred to as types of rape. The types described below are not mutually exclusive: a given rape can fit into multiple categories, by for example being both a prison rape and a gang rape, or both a custodial rape and the rape of a child.
Rape by gender classifies types of rape by the sex and gender of both the rapist and the victim. This scope includes both rape and sexual assault more generally. Most research indicates that rape affects women disproportionately, with the majority of people convicted being men; however, since the broadening of the definition of rape in 2012 by the FBI, more attention is being given to male rape, including females raping males.
Statistics on rape and other acts of sexual assault are commonly available in industrialized countries, and have become better documented throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape can create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading.
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes casually inaccurately used interchangeably with the term sexual assault.
Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime punishable by reclusión perpetua when committed against women. Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years.
Domestic violence is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. Domestic violence is often used as a synonym for intimate partner violence, which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, financial abuse, or sexual abuse, or combinations of these. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, honor killing, and dowry death, which sometimes involves non-cohabitating family members. In 2015, the United Kingdom's Home Office widened the definition of domestic violence to include coercive control.
Moorov v His Majesty's Advocate1930 JC 68 is a Scots criminal and evidence law case that concerns admissibility of similar fact evidence. The High Court of Justiciary established the Moorov doctrine in its judgment, which is predominantly used in criminal prosecutions involving allegations of rape and sexual abuse.
The anti-rape movement is a sociopolitical movement which is part of the movement seeking to combat violence against and the abuse of women.
A false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. Although there are widely varying estimates of the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, very few reliable scientific studies have been conducted.
The Victim Rights Law Center (VRLC) is a non-profit organization that provides free legal services to victims of rape and sexual assault in Massachusetts and Oregon. Established in 2003, it became the first nonprofit law center in the United States solely dedicated to serving the legal needs of sexual assault victims. The VRLC mission is to "provide legal representation to victims of rape and sexual assault to help rebuild their lives and to promote a national movement committed to seeking justice for every rape and sexual assault victim." VRLC also seeks to transform the legal response to sexual assault in the United States.
Campus sexual assault is the sexual assault, including rape, of a student while attending an institution of higher learning, such as a college or university. The victims of such assaults are more likely to be female, but any gender can be victimized. Estimates of sexual assault, which vary based on definitions and methodology, generally find that somewhere between 19–27% of college women and 6–8% of college men are sexually assaulted during their time in college.
Punishment for rape in Pakistan under the Pakistani laws is either death penalty or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment. DNA test and other scientific evidence are used in prosecuting rape cases in Pakistan.
In 2007, the U.S. Department of State reported 31,833 rapes in China, but no similar report by the Chinese government has been made available. Same-sex sexual assault between male adults was made illegal in late 2015. Domestic and foreign victims of sex trafficking in China are raped.
After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying. These factors, contributing to a rape culture, are among some of the reasons that may contribute up to 80% of all rapes going unreported in the U.S, according to a 2016 study done by the U.S. Department of Justice.
A marry-your-rapist law, marry-the-rapist law, or rape-marriage law is a rule of rape law in a jurisdiction under which a man who commits rape, sexual assault, statutory rape, abduction or other similar act is exonerated if he marries his female victim, or in some jurisdictions at least offers to marry her. The "marry-your-rapist" law is a legal way for the accused to avoid prosecution or punishment.
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