Author: Elisabeth McDonald
Publisher:
ISBN: 9781988503158
Category : Adversary system (Law)
Languages : en
Pages :

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Author: Joanne Conaghan
Publisher: Policy Press
ISBN: 1529207851
Category : Law
Languages : en
Pages : 288

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Book Description
The use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.

Author: Olivia Smith
Publisher: Springer
ISBN: 3319756745
Category : Social Science
Languages : en
Pages : 294

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Book Description
In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.

Author: Charlotte Herriott
Publisher: Taylor & Francis
ISBN: 1000874389
Category : Law
Languages : en
Pages : 163

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Book Description
This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and its impact on jurors. In doing so, it presents findings of the first mock jury dataset in England and Wales to explore how jurors interpret, discuss, and rely upon such evidence within their deliberations. Drawing on both qualitative and quantitative insights from the 18 mock jury panels, the book highlights the complex, nuanced and intersectional impact of sexual history evidence within the deliberative ideal. Indeed, findings exemplified routine and ongoing prejudicial framings of sexual history amongst jurors, and frequent endorsement of rape myths that served to mistakenly infer relevance and undermine the perceived credibility of the complainant. The findings discussed within this book are therefore key to addressing the current knowledge gap around the impact of sexual history evidence and are embedded within broader discussions about evidential legitimacy in rape trials. The book draws on good practice observed in other jurisdictions to makes numerous recommendations for change. Aiming to inform academic, policy, and legislative discussions in this area, Sexual History Evidence in Rape Trials will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners. The Open Access version of this book, available at www.taylor francis.com, has been made available under a Creative Commons Attribution- Non Commercial- No Derivatives 4.0 license.

Author: Ellen Daly
Publisher:
ISBN: 9783030939267
Category : Electronic books
Languages : en
Pages :

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Book Description
This book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.

Author: Anna Carline
Publisher: Palgrave Pivot
ISBN: 9783030386863
Category : Social Science
Languages : en
Pages : 147

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Book Description
This book explores the shortcomings of the criminal justice system’s response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of ‘rape myths’ and the presence of an ‘implementation gap’ whereby policies, provisions and measures — proposed in order to improve the system’s response — are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

Author: Elisabeth McDonald
Publisher:
ISBN: 9781988503349
Category : Fair trial
Languages : en
Pages : 354

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Author: Elaine Craig
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773553010
Category : Law
Languages : en
Pages : 217

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Book Description
Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

Author: Jan Jordan
Publisher: Routledge
ISBN: 100060585X
Category : Social Science
Languages : en
Pages : 321

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Book Description
In Tackling Rape Culture: Ending Patriarchy, Jan Jordan asks why, despite decades of feminist activism, does rape culture remain so endemic within contemporary society. She argues that, in order to understand the global pandemic of sexual violence, we must view rape culture as a consequence of the social divisiveness that emerges from the logic of patriarchy. In advancing this argument, Jordan offers a comprehensive indictment of the patriarchal system while recognising also women’s efforts to resist its edicts. Jordan critically explores two mechanisms that she argues are central to the maintenance and reproduction of rape culture - silencing and objectification. Both are examined as patriarchal strategies that have been relied on for centuries to control and constrain women’s lives, silencing their voices and keeping them as ‘othered’ outsiders in a male-defined world. Women throughout history have sought ways to resist such control and, since the second-wave women’s movement of the 1970s, this has included multiple initiatives both offline and more recently online. While #MeToo is being hailed by many as evidence that the silencing of women’s voices about rape has finally been broken, Jordan urges a more critical appraisal given the continued dominance of patriarchal thinking. To end rape culture, Jordan argues, we must end patriarchy. This timely and provocative book, which complements Jordan’s Women, Rape and Justice: Unravelling the Rape Conundrum (Routledge, 2022), will be of great interest to researchers, students, practitioners and activists seeking to understand and challenge the pervasive rape culture characterising contemporary patriarchal society.

Author: Douglas
Publisher: Oxford University Press
ISBN: 0197651844
Category : Psychology
Languages : en
Pages : 345

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Book Description
Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.