Aya Gruber, a professor of law at the University of Colorado Law School, has written a history of how the women’s movement in America has shaped the law on domestic violence and sexual assault.In The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (University of California Press, 2020), Professor Gruber contends that the legal reform movement on sexual assault began with feminists in the 19th century, who argued in favor of temperance reform, partly in the hope that it would lead to less violence against women. She also argues that the social context in which sexual assault allegations were made in the 19th century, especially regarding African-American males and white women, influenced the outcomes in legal cases and divided the feminists of the 19th century. Professor Gruber also addresses the fissures created in the women’s movement from the 1960s through today regarding how sexual assault should be treated under the law has worked against justice for both victims and their assailants. Professor Gruber argues that sexual assault law is premised upon erroneous beliefs about how men and women interact, the norms of nonverbal conduct, and the efficacy of punitive solutions. In addition to covering the history of sexual assault law she addresses how the criminal law might be reformed to meet the “convergent interests” of men and women.Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices
Legal scholar Aya Gruber on crimes against women, mass incarceration and her book "The Feminist War on Crime: The Unexpected Role of Women's Liberation in Mass Incarceration" from University of California Press.
On this episode, we look at feminist and progressive prosecution; how does a prosecutor balance the aims of prosecuting more gender-based crimes while also being sensitive to the problems of mass incarceration? We look at the story of one Maine prosecutor who is winning victories in sexual assault cases that were once deemed unwinnable, and whether this lowers the bar of burden of proof to unjust levels for gender crimes. Finally, we look at how one study in 1984 started a 40-year trend in mandatory arrest policies for domestic violence, and how these policies have backfired for the communities those policies were meant to protect. Guest voices include Natasha Irving, Michelle Madden Dempsey, Aya Gruber, and Lawrence Sherman.In Slate Plus, Sarah Lustbader and Barry talk about whether the adversarial system of prosecution and defense makes the criminal justice system a bad way to pursue improvements in gender relations and reduce gender-based crime. Get the Slate Plus bonus episode by signing up at www.slate.com/hiphiplus Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode, Aya Gruber, Professor of Law at the University of Colorado Law School, discusses her book "The Feminist War on Crime: The Unexpected Role of Women's Liberation in Mass Incarceration," which will be published by the University of California Press. Gruber argues that feminism has played an unexpected and important role in legitimizing and normalizing mass incarceration. Gruber is on Twitter at @ayagruber.This episode was hosted by Guy Hamilton-Smith, Legal Fellow at the Mitchell Hamline School of Law Sex Offense Litigation and Policy Resource Center. Hamilton-Smith is on Twitter at @G_Padraic. See acast.com/privacy for privacy and opt-out information.
Get appearance alerts
Subscribe to receive notifications by email whenever this creator appears as a guest on an episode.
Are you Aya? Verify and edit this page to your liking.