No: the remedy lies in state court

Article Abstract:

Judge David Lanier's forcing oral sex on a female litigant in his chambers was certainly vile, but did not constitute a criminal deprivation of constitutional rights under 18 U.S.C. 242. Sexual assault and battery is a crime but not by itself a constitutional violation. Lanier can be punished by state tort claims. Women's groups should use the case as a vehicle for the prosecution of sex crimes, not for greater government liability.

Cases, Sexual harassment, Constitutional torts

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No: grandstanding does not offer a solution

Article Abstract:

Domestic violence must be prosecuted but requiring abused wives to testify goes too far. Laws in most states address the real problem in this issue, the refusal of the victim to press charges, by permitting arrest and prosecution without a signed complaint from the victim. Such a policy balances the interests of the victim and the community and allows law enforcement to distinguish between criminal assault and a family argument.

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Yes: it's time to declare war on spouse abuse

Article Abstract:

Domestic violence must be prosecuted even if this requires women to testify against their will. Successful prosecutions are difficult when the major witness does not wish to participate, but the chances can be increased with adequate support services. Domestic violence often results in generational strife in addition to its effects on the immediate participants.

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