Thursday, February 13, 2020

Law of Rape- Problem question Essay Example | Topics and Well Written Essays - 2250 words

Law of Rape- Problem question - Essay Example 1). The important factors to look for in Alice’s case are signs of both obvious and discreet objections to Ben’s sexual advances. There are no obvious verbal or nonverbal cues from Alice before or during sexual intercourse with Ben. She did not tell him â€Å"no,† and he did not threaten her in any way. Alice was not intoxicated, and there were no indications that she was drugged either. The keyword in every rape situation or incident is consent. The law is very clear on accounts of non-consensual rape, but if consent is initially given, is it still considered rape? Should it still be tried in court? CPS (Crown Prosecution Service) applies the word â€Å"effective† to consent. They explain, â€Å"The law does not allow a person’s consent to sexual activity to have effect in the following situations: where the person giving consent did not understand what was happening and so could not give informed consent, and where the person giving consent was u nder the relevant age of consent† (Sexual Offences- Rape, 2010). These two forms of consent are opposites of one another due to the fact that the letter would not hold up in court but the initial one would because of the lack of understanding. Alice is presumably of age. The issue that comes to light is whether or not Alice was understanding of her situation. Now, she is not mentally handicapped or incoherent by drugs or alcohol, but she was misled by Ben into believing engaging in sexual intercourse with him would in turn give her love, companionship and financial stability. The question remains about whether or not Ben is guilty of rape under the present law. In a court of law, it is unlikely that Alice would have a solid case against Ben because consent was given and there is not a clear establishment of understanding in regards to how â€Å"understanding† is defined in law. Although, that does not mean Ben is innocent, the fact remains that Alice was not affected by outside substances or health, which would be concrete evidence to support Ben’s side of the case. Looking at the accused offender, Ben, his bodily actions fail to reveal any harmful intent. Physically, Ben did not coerce Alice by means of force of threat. The disputable wrongdoing he committed was verbal manipulation. The court could argue that Alice consented to sexual intercourse with Ben based on her personal expectations of him. She was willing because he met her requirements for a mate, and at any time she could have resisted his advances. Alice could have been eager to receive a lover and that overrode her ability to spot the red flag Ben presented when he promised marriage to her so soon after they met. Some may even go so far to say that Alice wanted a wealthy companion so much she willingly fell for Ben’s deception. The idea of willingness is another dubious term that arises in court in reference to rape cases. The Merriam-Webster dictionary defines willingne ss as â€Å"cheerful readiness to do something† (2011). Alice could be seen as happily engaging in sexual intercourse based on the cheerful prospect of marriage and love. If that is the case, Ben would have a stronger case in his defense against her in court. Too much evidence points to Alice consenting to him, especially because consent was given prior to, and during the actual act. No signs point to Alice

Saturday, February 1, 2020

Does the homecoming of Chinese students who completed higher education Dissertation

Does the homecoming of Chinese students who completed higher education abroad have an effect on the employability of the Chinese - Dissertation Example The present economic crisis that affected the western countries worse also contributed in the change of the trend in recent period. Contents Page 1. Introduction 3-6 1.2 Research Points 7 1.3 Aims and Objectives 8-9 2. Theoretical Framework Literature Review 10-19 3. Hypotheses 19 4. Empirical Research Literature Review 20-28 5. Methodology 29-32 6. Findings 33-41 7. Conclusion 42-43 Appendix Bibliography 1. INTRODUCTION With increased globalization international trade across countries, have increased increasing business opportunities and investments and contracting boundaries between nations across the world. However, it has also resulted in stiff competition among the business organizations and hence created barriers for the entrance of new potential business firms. Despite these drawbacks, globalization has brought about huge improvements in the sector of information, technology, and communication and with the advancements in the Internet connections people are being able to gathe r information on any field and for any country of the world. Thus with increased globalization the Chinese students are also being increasingly aware of the educational and employment opportunities in the developed countries of the world mainly the European and the American countries. ... China remains a leading civilization outstanding the other countries in arts, science, culture etc for the recent years. The single party controlled political state experienced a market-oriented approach of development after 1978 and since then output and the pace of the country’s development quadrupled. The living standards of many families experienced a drastic improvement as the country is increasing its reach and participation in international organizations. The phenomenal economic growth of the country and its increasing contribution to the world’s aggregate trade is making it famous in the international community. In the year, 2010 China has been the largest exporter in the world trade. The double-digit growth rate of the economy in the last 10 years has made it the second largest in terms of the Gross Domestic Product of the country just after the United States of America. The country went ahead of Japan in the year 2001 with its economic development. The economi c downturn of 2009 for the first time reduced the demand for the country’s exports in many years but the country again hold back the economy rebounding quickly with a GDP growth rate of 10% in 2010 exceeding all countries (The world fact book, 2010). After the establishment of the Republic of China, the communist party of the country and the central government decided to send the students and the scholars of the country to different socialist states of the world like Soviet Union. The main aim was to bring home knowledge from the foreign countries that would in turn help to develop the country in terms of science, technology, and managerial skills to compete with the western countries. Thus, policies and regulations were made to support the scholars going abroad and encourage