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What do sexual assault survivors expect of the enabler-bystander? In this powerful book, Amos N. Guiora shares the stories of survivors to expose how individual and institutional enablers allow predators to perpetrate their crimes through silence and other failures to act. He then proposes legal, cultural, and social measures aimed at the enabler from the survivor¿s perspective.Based on thousands of pages of grand jury indictments, civil lawsuits, criminal prosecutions, special reports, media accounts, and personal interviews with numerous survivors and their attorneys, Amos N. Guiora poses this critical question:What do sexual assault survivors expect of the enabler-bystander?Focusing on cases of sexual assault from USA Gymnastics, Michigan State University, Penn State University, The Ohio State University, and the Catholic Church, interview after interview sheds compelling light on two powerful responses: that this question had not been previously asked and that survivor expectation of protection and support from the enabler-bystander was rarely, if ever, met.Clearly the perpetrator benefitted from the complicity of the enabler. From the survivor's perspective, both bear responsibility for their plight and must be held accountable. This book emphasizes individual and institutional enablers alike; in fact, armies of enablers.With emotions ranging from deep disappointment to seething anger and extreme frustration, all articulate profound abandonment by the person in a position to assist them in the face of sexual assaults.Guiora proposes legal, cultural, and social measures aimed at the enabler from the survivor¿s perspective. The proposed changes will address, and impact, both broader society and specific communities including higher education, elite athletics, sports organizations, religious institutions, law enforcement, the entertainment industry, and elected officials.With this book, Guiora is committed to sharing survivor stories and to propel change, which is essential to protect future survivors. Only by hearing their stories, do we fully understand the power of the enabler and the pain they cause the survivor. Their voices must propel us to change.
If you are a bystander and witness a crime, should intervention to prevent that crime be a legal obligation? Or is moral responsibility enough?In The Crime of Complicity, Amos N. Guiora addresses these profoundly important questions and the bystander-victim relationship from a deeply personal and legal perspective, focusing on the Holocaust and then exploring cases in contemporary society. Sharing the experiences of his parents, who were Holocaust survivors, and his grandparents, who did not survive, and drawing on a wide range of historical material and interviews, Guiora examines the bystander during three distinct events: death marches, the German occupation of Holland, and the German occupation of Hungary. He explains that while the Third Reich created policy, its implementation was dependent on bystander non-intervention.Bringing the issue of intervention into current perspective, he examines sexual assault cases at Vanderbilt and Stanford Universities, as well as other crimes where bystanders chose whether or not to intervene, and the resulting consequences.After examining the intensely personal example of his own parents' survival of the Holocaust, Guiora asserts that a society cannot rely on morals and compassion alone in determining our obligation to help another in danger. It is ultimately, he concludes, a legal issue.Should we make the obligation to intervene the law, and thus non-intervention a crime?
In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime.
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