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North America

ID
1007
Level
Global Region

Existencia del Delito de Violacion

The Court held that for the crime of rape to have occurred, only penetration was necessary, not ejaculation. The Court also held that when two or more people conspire to commit rape, only one person need penetrate to hold all parties guilty of rape as long as the other people were involved in the steps leading up to the rape. The Court further held that when a husband rapes his wife, it is necessary for her to press charges before he can be charged with the crime.

FBG Serv. Corp. v. Anderson

Anderson worked the night shift at FBG Service Corp (“FBG”). A review conducted in November 1988 stated that Anderson’s work was “excellent.” In early or mid-July 1989, a coworker recommended Anderson for the recently vacated job of daytime supervisor, and Anderson expressed interest. The person with hiring authority told coworkers that he preferred a man for the job as it involved heavy lifting. A month later, the firm hired a man with 21 years of experience in the military and 18 years of experience in repairing machinery for a “janitorial” position at a rate of $4 an hour.

Feddiman v. State

Here, the defendant appealed a conviction for assault, kidnapping and rape. The defendant argued that he could not be convicted of eight separate counts of rape for one victim, as this would constitute double jeopardy. The court disagreed and affirmed the superior court’s finding that the fact that there were variations in the sexual acts, there was physical movement of the victim between acts, and there was time between each offense.

Felton v. Felton (Ohio 1997)

In Felton v. Felton, 79 Ohio St.3d 34 (1997), the Supreme Court of Ohio upheld the issuance of a civil protective order based on testimony describing violent behavior by the appellant’s husband, which led her to fear for her life. After she filed criminal domestic violence charges, the county court granted a temporary protection order. The Court held that testimony about the husband’s past violence supported the issuance of the order and that a prior dissolution decree prohibiting harassment did not prevent further protective relief.

Femicide (Docket 1a/LIV/2016 (10a.))

This isolated thesis is a relevant example of gender perspective case law, as the criteria issued by the collegiate tribunal is binding on all cases resolved by such tribunal. In addition, such criteria issued may be persuasive in similar cases arising in other federal courts. The Mexican Supreme Court has determined that in order to determine whether a law is discriminatory a court must evaluate the following: (i) whether the purpose of such law is objective and not contrary to the Constitution; (ii) the means; (iii) that the purpose of the law and the means are proportional.

Ford v. Revlon, Inc.

Plaintiff Ford’s supervisor, Karl Braun, began to sexually harass Ford at a dinner on April 3, 1980, where Braun told Ford that she would regret it if she didn’t sleep with him. At a company picnic a month later, Braun said to Ford: “I want to fuck you, Leta,” and restrained her in a chokehold, from which Ford eventually escaped. Despite Ford having reported the harassment to regional management later than month and to headquarters in November, 1980, no action was taken until Braun’s employment was terminated in October, 1981, almost a year and a half after plaintiff’s original complaints.

Frazier v. Badger

Frazier, a middle school teacher, alleged that Badger, the assistant principal, sexually harassed her.  When she rejected his advances, he allegedly had her classroom moved to the basement.  The jury found that Badger’s conduct met the elements of the tort of outrage and the Court of Appeals affirmed.  The South Carolina Supreme Court, in assessing the new issues brought before it, held that Badger did not get to claim governmental immunity.  Under South Carolina law, governmental immunity would be provided to a governmental employee who commits a tort while acting in th

Frieler v. Carlson Mktg. Group, Inc.

Here, the appellant, Judy Frieler, sued the respondent for violating § 363A.03(43) and § 363A.08(2) of the Minnesota Human Rights Act (MHRA), “based on a hostile working environment due to sexual harassment by a supervisor.” Ms. Frieler worked part-time and was interested in a full-time position in the shipping department. She expressed her interest and was referred to Ed Janiak, the supervisor of that department. Ms.

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