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Miranda Kaye, "Equity's Treatment of Sexually Transmitted Debt", Feminist Legal Studies V/1 (1997), 35-55: The practice of creditors requiring that women assume liability for the debts of their (male) partner can be termed Sexually Transmitted Debt (STD). STD is a stark confrontation of the public and private spheres. When the law considers the private arrangement made between the woman and her partner it is in the context of a public dispute between the bank and the woman (and possibly her partner). The paper considers why women are more susceptible to STD than men and concludes that this may arise due to a power imbalance created by gender. The paper discusses the case-law in the area, particularly post Barclays v O'Brien, and concludes that equity is not redressing the gendered power imbalance experienced by women in STD situations. As such equity currently is not fulfilling the maxim 'equity is equality'. Until equity's conceptualisation of inequalities includes the gendered power imbalance, it has little potential as a cure for STD and the focus must start to shift to prophylactic action to reduce the incidence of STD.

 



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