Author: Jocelynne A. Scutt
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 364

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Book Description

Author: Patricia Weiser Easteal
Publisher:
ISBN: 9781862873049
Category : Law
Languages : en
Pages : 225

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Book Description
The past two decades have seen a succession of reforms to sexual assault laws in all Australian jurisdictions. This book examines how effective these reforms have been in light of the fact that such changes challenge the "traditional" social norms of the legal system: male dominance, acceptability of male violence, and women's responsibility for male violence. Has a better balance been struck between the rights of victims to protection, assistance, and compensation and the rights of accused to a fair trial and preservation of the presumption of innocence? And what still remains to be done? These and many other questions are those explored by the contributors.

Author: Bree Cook
Publisher:
ISBN: 9780642242051
Category : Offenses against the person
Languages : en
Pages : 0

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Book Description
This report summarises current knowledge about sexual violence in Australia, including existing data on sexual offenders; some of the programs aimed at preventing sexual violence and treating both sexual violence victims and offenders; and areas where sexual violence policies and programs could be improved. The report also considers the consequences of sexual violence, including physical, social, economic and psychological effects. It considers the long term and special effects that the experience of sexual violence can have on different victims, including children, males, Indigenous Australians, people from non English speaking backgrounds, and the intellectually disabled.

Author: Nicola Henry
Publisher: Routledge
ISBN: 1351135139
Category : Social Science
Languages : en
Pages : 206

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Book Description
This book investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.

Author: Anne Cossins
Publisher: Springer Nature
ISBN: 1137320516
Category : Social Science
Languages : en
Pages : 722

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Book Description
This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralistic adversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.

Author: Mary Keyes
Publisher: Routledge
ISBN: 1351161989
Category : Law
Languages : en
Pages : 193

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Book Description
Originally published in 2005. Law has a complex relationship to the phenomenon of change; it is an instrument, a cause and an inhibitor of change. Law has both effected and been affected by extraordinary changes, particularly in the late twentieth and early twenty-first centuries. This interdisciplinary collection addresses, from a range of perspectives, the theme of 'changing law'. The essays cover historical and contemporary issues of social, political and legal change, including human rights, security, law reform, changes in knowledge production in universities and specifically in the legal academy, and the legal oppression/protection of racial minorities. The chapters are grouped into three sections around shared focuses on states, institutions and justice, and collectively address common concerns of rights, regulation and reconciliation: key legal problematics of the early twenty-first century.

Author: New South Wales. Criminal Justice Sexual Offences Taskforce
Publisher:
ISBN: 9780734728661
Category : Rape
Languages : en
Pages : 192

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Book Description
The Taskforce was set up to examine issues surrounding sexual assault in the community and the prosecution of such matters within the criminal justice system. The Taskforce was to advise the Attorney General on ways to improve the responsiveness of the criminal justice system to victims of sexual assault, whilst ensuring that an accused person receives a fair trial.

Author: Susan Caringella
Publisher: Columbia University Press
ISBN: 9780231134255
Category : Law
Languages : en
Pages : 372

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Book Description
The first comprehensive book on rape since Susan Brownmiller's Against Our Will and Susan Estrich's Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform in the United States, as well as Australia, Britain, Canada, and New Zealand, and assesses alternative perspectives on rape reform, making use of theoretical models, court cases and statistical data. She uniquely delineates a creative model for change while addressing the discretion that undermines efforts at change. This includes charging the accused and plea bargaining, confronting a lack of transparency and accountability in implementing law, and acquiring funding for such changes.

Author: New South Wales. Law Reform Commission
Publisher:
ISBN: 9780734726803
Category : Instructions to juries
Languages : en
Pages : 203

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Book Description
This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.

Author: Judicial Commission of New South Wales
Publisher:
ISBN: 9780731356133
Category : Sentences (Criminal procedure)
Languages : en
Pages :

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Book Description
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.