Rape Law Reform In South Australia
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Sexual Violence in Australia, 1970s–1980s
Author | : Lisa Featherstone |
Publisher | : Springer Nature |
Total Pages | : 308 |
Release | : 2021-07-28 |
Genre | : History |
ISBN | : 3030733106 |
This book explores sexual violence and crime in Australia in the 1970s and 1980s, a period of intense social and legal change. Driven by the sexual revolutions, second wave feminism, and ideas of the rights of the child, there was a new public interest in the sexual assault of women and children. Sexual abuse was studied, surveyed and discussed more than ever before in Australian society. Yet, despite this, there remained substantial inaction, by government, from community and on the part of individuals. This book examines several difficult questions of our recent history: why did Australia not act more firmly to eradicate rape and child sexual abuse? What prevented our culture from looking seriously at trauma? How did we fail to protect victim-survivors? Rich in social and legal history, this study takes readers into the world of victims of sexual crime, and into the wider community that had to deal with sexual violence. At the core of this book is the question that resonates deeply right now: why does sexual violence appear seemingly insurmountable, despite significant change?
Balancing the Scales
Author | : Patricia Weiser Easteal |
Publisher | : |
Total Pages | : 225 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9781862873049 |
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.
The Right to Say No
Author | : Melanie Randall |
Publisher | : Bloomsbury Publishing |
Total Pages | : 329 |
Release | : 2017-10-19 |
Genre | : Law |
ISBN | : 1782258620 |
Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today. This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.
Research Handbook on Feminist Jurisprudence
Author | : Robin West |
Publisher | : Edward Elgar Publishing |
Total Pages | : 541 |
Release | : |
Genre | : Electronic books |
ISBN | : 1786439697 |
The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.
The Integrity of Criminal Process
Author | : Jill Hunter |
Publisher | : Bloomsbury Publishing |
Total Pages | : 445 |
Release | : 2016-08-11 |
Genre | : Law |
ISBN | : 1782255710 |
Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.
The Sexual Gerrymander
Author | : Jocelynne A. Scutt |
Publisher | : Spinifex Press |
Total Pages | : 308 |
Release | : 1994 |
Genre | : Business & Economics |
ISBN | : 9781875559169 |
Jocelynne Scutt’s insightful analyses of history, politics, and economics pervade this book. Writing across the scholarship on women, she brings to the fore the social and political gerrymander women face – whether it be in the areas of work, power and public recognition, or the realms of domestic violence, rape, pornography, prostitution or structural sexism.
A History of South Australia
Author | : Paul Sendziuk |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2018-05-16 |
Genre | : History |
ISBN | : 1107623650 |
A History of South Australia investigates the state's history from before the arrival of the first European explorers to today.
Consent, Stealthing and Desire-Based Contracting in the Criminal Law
Author | : Brianna Chesser |
Publisher | : Routledge |
Total Pages | : 105 |
Release | : 2021-12-24 |
Genre | : Law |
ISBN | : 1000537927 |
Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.