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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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