Inconsistent Legal Treatment of Unwanted Sexual Advances: A Study of the Homosexual Advance Defense, Street Harassment, and Sexual Harassment in the Workplace

Ramakrishnan, Kavita B.
October 2011
Berkeley Journal of Gender, Law & Justice;2011, Vol. 26 Issue 2, p291
Academic Journal
In this Article, I contend that unwanted sexual advances on men are treated differently under the law than are unwanted sexual advances on women. I compare the legal conceptualization and redress of two of the most common types of unwanted sexual advances faced by women-street harassment and sexual harassment in the workplace--with the legal treatment of unwanted sexual advances on men as seen through the homosexual advance defense. I argue that the law recognizes certain advances on men as inappropriate enough to deserve legal recognition in the form of mitigation of murder charges while factually indistinguishable advances on women are not even considered severe enough to rise to the level of a legally cognizable claim.


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