Sexual Assault And The Justice Gap A Question Of Attitude
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Author | : Jennifer Temkin |
Publisher | : Bloomsbury Publishing |
Total Pages | : 270 |
Release | : 2008-04-15 |
Genre | : Law |
ISBN | : 1847314201 |
This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault.
Author | : Elizabeth A. Sheehy |
Publisher | : University of Ottawa Press |
Total Pages | : 833 |
Release | : 2012-09-29 |
Genre | : Law |
ISBN | : 0776619772 |
Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Author | : Aliraza Javaid |
Publisher | : Springer |
Total Pages | : 302 |
Release | : 2018-10-08 |
Genre | : Social Science |
ISBN | : 3319526391 |
This book critically explores the intersections between male rape, masculinities, and sexualities. It examines the ways in which male rape is policed, responded to, and addressed by state and voluntary agencies in Britain. The book uncovers how notions of gender, sexualities and masculinities shape these agencies’ understanding of male rape and their views of men as victims of rape. Javaid pays particular attention to the police and deconstructs police subculture to consider whether it influences and shapes the ways in which police officers provide services for male rape victims. Grounded in qualitative interviews and data derived from the state and voluntary sector, this book will be invaluable reading for sociologists, criminologists, and social scientists who are keen to learn more about gender, policing, sexual violence and male sexual victimisation.
Author | : Nicola Henry |
Publisher | : Springer |
Total Pages | : 320 |
Release | : 2015-09-01 |
Genre | : Political Science |
ISBN | : 113747615X |
This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.
Author | : Jennifer Temkin |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 458 |
Release | : 1995 |
Genre | : Law |
ISBN | : |
This work examines the ways in which the criminal justice system deals with rape and its after-effects in the victim (PTSD - post traumatic stress disorder). Considerable coverage is given to research findings in the United States, findings of the police themselves and other investigations.
Author | : Anne Cossins |
Publisher | : Springer Nature |
Total Pages | : 722 |
Release | : 2020-10-21 |
Genre | : Social Science |
ISBN | : 1137320516 |
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 | : Luke Gittos |
Publisher | : Andrews UK Limited |
Total Pages | : 146 |
Release | : 2015-09-01 |
Genre | : Political Science |
ISBN | : 1845408861 |
Today it is often said that we live in a 'rape culture'. Panicked headlines tell us that rape is on the increase and that the police are failing to deal with it. Our courts are said to be incapable of delivering justice in rape cases, with the rate of convictions remaining consistently low. Sexism and misogyny in wider society have created a culture in which rape is pervasive, under-reported and often ignored by an uncaring public. But these claims are built on myths and misunderstandings. This book argues that the belief in a 'rape culture' is seriously distorting our discussion of sexual violence. It explains how the laws around rape have expanded significantly in recent decades, giving the state a far greater say in the most intimate areas of our lives. The drive to prosecute more and more people has damaging implications for our legal rights and basic freedoms - and our ability to live intimately with one another. If we are to have a serious discussion about rape, it's time to dispel the dangerous myth of rape culture.
Author | : Nicole Bluett-Boyd |
Publisher | : |
Total Pages | : 74 |
Release | : 2014 |
Genre | : Sexual abuse victims |
ISBN | : 9781922038449 |
Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.
Author | : Jennifer Temkin |
Publisher | : Oxford University Press on Demand |
Total Pages | : 385 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780198763550 |
This text is fully updated to included abolition of the martial rape exemption, changes in the law on anonymity, sexual history evidence, procedural developments contained in the Youth Justice and Criminal Evidence Act 1999, and male rape.
Author | : World Health Organization |
Publisher | : World Health Organization |
Total Pages | : 66 |
Release | : 2013 |
Genre | : Family & Relationships |
ISBN | : 9241548592 |
A health-care provider is likely to be the first professional contact for survivors of intimate partner violence or sexual assault. Evidence suggests that women who have been subjected to violence seek health care more often than non-abused women, even if they do not disclose the associated violence. They also identify health-care providers as the professionals they would most trust with disclosure of abuse. These guidelines are an unprecedented effort to equip healthcare providers with evidence-based guidance as to how to respond to intimate partner violence and sexual violence against women. They also provide advice for policy makers, encouraging better coordination and funding of services, and greater attention to responding to sexual violence and partner violence within training programmes for health care providers. The guidelines are based on systematic reviews of the evidence, and cover: 1. identification and clinical care for intimate partner violence 2. clinical care for sexual assault 3. training relating to intimate partner violence and sexual assault against women 4. policy and programmatic approaches to delivering services 5. mandatory reporting of intimate partner violence. The guidelines aim to raise awareness of violence against women among health-care providers and policy-makers, so that they better understand the need for an appropriate health-sector response. They provide standards that can form the basis for national guidelines, and for integrating these issues into health-care provider education.