All articles tagged with #legal reform
Indonesia has begun enforcing its new penal code, replacing the colonial-era law with a modern system that criminalizes sex outside marriage, insults to state leaders, and expands blasphemy laws, marking a significant shift towards a more humane and culturally rooted legal framework, though some provisions raise concerns over civil liberties and enforcement.
A German man faces trial for allegedly drugging, raping, and filming his wife over 15 years, highlighting issues in German rape laws and online abuse content, with calls for legal reforms and increased accountability.
Choi Mal-ja, a South Korean woman convicted 61 years ago for biting off her attacker's tongue during a sexual assault, has been acquitted after a retrial, highlighting issues of gender bias and self-defense recognition in South Korea's legal system.
Gisele Pelicot's public rape trial against her ex-husband Dominique Pelicot and 50 other men has sparked widespread debate and protests in France, highlighting issues of violence against women and the need for legal reform. Pelicot, who suffered around 200 instances of rape, has become a feminist icon, advocating for a shift in societal shame and legal definitions of rape. The trial, which has drawn significant public attention, is expected to conclude with a verdict by December, potentially influencing future legal standards regarding consent in France.
The German parliament has approved a "self-determination law" that will simplify the process for transgender, intersex, and nonbinary individuals to change their name and gender in official records, with the legislation set to take effect on November 1. The new law allows adults to change their first name and legal gender at registry offices without extensive formalities, while minors 14 years and older can do so with parental approval or through a family court if necessary. The legislation aims to address the long-standing challenges faced by transgender individuals under the existing "transsexual law," and is part of a series of social reforms promised by Chancellor Olaf Scholz's government.
Prosecutors are increasingly holding educators, parents, and others accountable for failing to prevent gun violence, with cases in Virginia, Michigan, and Illinois highlighting a new legal approach. A special grand jury report in Virginia detailed an assistant principal's criminal liability in failing to intervene before a 6-year-old shot his teacher, while in Michigan, a couple was sentenced to prison for their son's high school shooting. Legal experts believe these prosecutions could encourage similar cases, potentially impacting gun owners' responsibility for firearm access. Gun control advocates see this as a new form of accountability, while critics express concerns about shifting responsibility away from the shooter.
A crew of squatters in New York City's Dyker Heights neighborhood terrorized their neighbors for months before setting a house on fire, causing $900,000 in damage. One squatter, Cheng Chen, was arrested and charged with arson and criminal mischief. Politicians are calling for legal reforms to address loopholes that allow squatters to claim rights to properties they break into, with proposed bills aiming to clarify tenant definitions and make it easier for police to intervene. The incident is part of a larger trend of squatter-related crimes in the city, prompting calls for increased tracking and reporting of such incidents.
Federal courts have implemented a new policy to curb "judge shopping," the practice of filing lawsuits in front of sympathetic judges, particularly in cases affecting an entire state or the country. This move comes after heightened attention on the issue following a controversial ruling on abortion medication. The policy aims to randomly assign judges to such cases, addressing concerns raised by senators and the Biden administration. The Supreme Court has put the abortion medication ruling on hold and will hear arguments on it later this month.
Slovakia's recent law change, which gives the defense ministry the power to veto arms export licenses, has sparked controversy and raised concerns about potential corruption. Additionally, the amendment also affects rape prosecutions, as it introduces a requirement for victims to prove that they resisted their attackers. This legal reform has drawn criticism from activists and legal experts, who argue that it could discourage rape survivors from coming forward and hinder efforts to combat corruption.
Kathleen Folbigg, an Australian mother who spent 20 years in prison after being wrongly convicted of killing her four children, had her convictions formally quashed by the New South Wales Court of Criminal Appeals. The court panel agreed that she should be acquitted of all charges, concluding one of the country's most prominent miscarriages of justice. Folbigg was released in June on the recommendation of a retired judge who found "reasonable doubt" as to her guilt. Her lawyers are now seeking "substantial" compensation and calling for legal reform, including the creation of an independent body for review to prevent future miscarriages of justice.
In India, it is not a crime for a man to force sex or sexual acts on his wife as long as she is over 18, due to an archaic belief that women become their husband's possession upon marriage. Campaigners have been trying to change this law, but face opposition from conservatives who argue that state interference could destroy the tradition of marriage. While some women have come forward with allegations of rape by their husbands, the legal avenues for justice are limited and often ineffective. The debate over criminalizing marital rape in India continues, with advocates emphasizing the need to empower women and challenge patriarchal norms.
The U.S. Judicial Conference's Advisory Committee on Civil Rules has agreed to examine whether to address the issue of "judge shopping" by state attorneys general and activists who file lawsuits challenging government policies in courthouses where a single sympathetic judge hears most cases. Senate Democrats have urged the committee to craft nationwide rules to ensure random assignment of judges, while some panel members downplayed the significance of forum shopping and questioned the authority to dictate case assignments. The committee will study the issue and issue a report at its next meeting in April. The move comes in response to lawsuits filed in single-judge divisions in Texas, and proposals for reform have been made by Senate Democrats, the Brennan Center for Justice, and the American Bar Association.
India's government has introduced three bills in parliament to repeal and replace colonial-era criminal laws, including the controversial sedition law, as part of an effort to modernize the country's legal system. The proposed legislation aims to strengthen laws protecting women and minors and bring transparency to criminal codes. While some legal experts express concerns about potential disruptions and complexities, supporters argue that the changes will facilitate discussions on legal reform and replace outdated laws with more relevant provisions. Prime Minister Narendra Modi's government has previously scrapped numerous obsolete laws in its efforts to modernize the legal system.
A British woman has been sentenced to 28 months in jail for terminating a pregnancy outside the legal limit using drugs she obtained in the mail. Reproductive rights groups are calling for legislative changes, warning that a harsh sentence could deter vulnerable patients from seeking medical care. The woman received the abortion medication under a program introduced by the government during the pandemic that allowed women to administer the drugs at home without an in-person consultation. Abortions are legal in Britain until 24 weeks, and are generally only carried out after that time if a mother’s life is endangered or the child would be born with a severe disability, and only under medical supervision in a hospital or clinic.
Japan is debating a landmark bill to reform the country's sexual assault laws, only the second such revision in a century. The bill covers a number of changes, but the biggest and most significant one will see lawmakers redefine rape from "forcible sexual intercourse" to "non-consensual sexual intercourse" - effectively making legal room for consent in a society where the concept is still poorly understood. Activists argue that Japan's narrow definition has led to even narrower interpretations of the law by prosecutors and judges, setting an impossibly high bar for justice and fostering a culture of scepticism that deters survivors from reporting their attacks.