Download or read book Sexual History Evidence And The Rape Trial written by Joanne Conaghan and published by Policy Press. This book was released on 2023-10-27 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sexual History Evidence in Rape Trials written by Charlotte Herriott and published by Taylor & Francis. This book was released on 2023-03-16 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rape Trials in England and Wales written by Olivia Smith and published by Springer. This book was released on 2018-03-26 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sexual Assault and the Justice Gap A Question of Attitude written by Jennifer Temkin and published by Bloomsbury Publishing. This book was released on 2008-04-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sexual History Evidence and the Rape Trial written by Joanne Conaghan and published by Policy Press. This book was released on 2023-10 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Representing Rape written by Susan Ehrlich and published by Routledge. This book was released on 2003-08-27 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Rape is the first feminist analysis of the language of sexual assault trials from the perspective of linguists. Susan Ehrlich argues that language is central to all legal settings - specifically sexual harassment and acquaintance rape hearings where linguistic descriptions of the events are often the only type of evidence available. Language does not simply reflect but helps to construct the character of the people and events under investigation. The book is based around a case study of the trial of a male student accused of two instances of sexual assault in two different settings: a university tribunal and a criminal trial. This case is situated within international studies on rape trials and is relevant to the legal systems of the US, Canada, Britain, Australia, and New Zealand. She shows how culturally-dominant notions about rape percolate through the talk of sexual assault cases in a variety of settings and ultimately shape their outcome. Ehrlich hopes that to understand rape trials in this way is to recognize their capacity for change. By highlighting the underlying preconceptions and prejudices in the language of courtrooms today, this important book paves the way towards a fairer judicial system for the future.
Download or read book A Natural History of Rape written by Randy Thornhill and published by MIT Press. This book was released on 2001-02-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A biologist and an anthropologist use evolutionary biology to explain the causes and inform the prevention of rape. In this controversial book, Randy Thornhill and Craig Palmer use evolutionary biology to explain the causes of rape and to recommend new approaches to its prevention. According to Thornhill and Palmer, evolved adaptation of some sort gives rise to rape; the main evolutionary question is whether rape is an adaptation itself or a by-product of other adaptations. Regardless of the answer, Thornhill and Palmer note, rape circumvents a central feature of women's reproductive strategy: mate choice. This is a primary reason why rape is devastating to its victims, especially young women. Thornhill and Palmer address, and claim to demolish scientifically, many myths about rape bred by social science theory over the past twenty-five years. The popular contention that rapists are not motivated by sexual desire is, they argue, scientifically inaccurate. Although they argue that rape is biological, Thornhill and Palmer do not view it as inevitable. Their recommendations for rape prevention include teaching young males not to rape, punishing rape more severely, and studying the effectiveness of "chemical castration." They also recommend that young women consider the biological causes of rape when making decisions about dress, appearance, and social activities. Rape could cease to exist, they argue, only in a society knowledgeable about its evolutionary causes. The book includes a useful summary of evolutionary theory and a comparison of evolutionary biology's and social science's explanations of human behavior. The authors argue for the greater explanatory power and practical usefulness of evolutionary biology. The book is sure to stir up discussion both on the specific topic of rape and on the larger issues of how we understand and influence human behavior.
Download or read book Carnal Knowledge written by Sue Lees and published by Women's Press (UK). This book was released on 2002 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this title, Sue Lees explodes the myths about rape that permeate popular opinion, the press, and the legal system. Based on research involving victims' accounts of their experiences, the analysis of police reporting practices, and the monitoring of Crown Court trials, Sue Lees describes the way women are encouraged to report rape only then to be intimidated by their assailants and see them walk free. She draws on survivors' voices to describe how rapes occur and the characteristics of typical rapists. Citing reforms in other countries, she argues the case for further radical reforms to reverse the imbalances of the judicial process and to create a system that will provide justice for victims without jeopardizing the rights of defendants.
Download or read book Impact of Aspects of the Law of Evidence in Sexual Offence Trials an Evaluation Study written by Michèle Burman and published by . This book was released on 2007-09 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents findings from a study of the operation of the Sexual Offences (Criminal Procedure) (Scotland) Act 2002, which introduced new procedures restricting the use of evidence or questioning concerning the sexual history and character of the complainer in sexual offence trials.
Download or read book Rape in Chicago written by Dawn Rae Flood and published by University of Illinois Press. This book was released on 2012-05-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning a period of four tumultuous decades from the mid-1930s through the mid-1970s, this study reassesses the ways in which Chicagoans negotiated the extraordinary challenges of rape, as either victims or accused perpetrators. Drawing on extensive trial testimony, government reports, and media coverage, Dawn Rae Flood examines how individual men and women, particularly African Americans, understood and challenged rape myths and claimed their right to be protected as American citizens--protected by the State against violence, and protected from the State's prejudicial investigations and interrogations. Flood shows how defense strategies, evolving in concert with changes in the broader cultural and legal environment, challenged assumptions about black criminality while continuing to deploy racist and sexist stereotypes against the victims. Thoughtfully combining legal studies, medical history, and personal accounts, Flood pays special attention to how medical evidence was considered in rape cases and how victim-patients were treated by hospital personnel. She also analyzes medical testimony in modern rape trials, tracing the evolution of contemporary "rape kit" procedures as shaped by legal requirements, trial strategies, feminist reform efforts, and women's experiences.
Download or read book Rape on Trial written by Zsuzsanna Adler and published by Taylor & Francis. This book was released on 2022-09-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1987, Rape on Trial investigates the impact of the Sexual Offences (Amendment) Act, 1976 and considers the treatment of rape victims by the courts in United Kingdom. Extracts from trials are used extensively, and the author examines in particular: how the anonymity provisions have worked out in practice; how far the victim’s previous sexual history is brought up in court; how far she is held to be responsible for her victimisation; ways in which the validity of her complaint is questioned in court; and defence strategies to present her as a legitimate victim. Also included are a critical discussion of the controversial question of sentencing for rape, and new proposals for legislative and procedural change. Extremely pertinent to current times, this book will be of interest to students of law, criminology, sociology as well as to any concerned citizen.
Download or read book Rape Law Reform written by Cassia Spohn and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evolved from our interest in rape as feminists and as sodal sdentists. As feminists, we were concemed about the treatment of rape victims and the attrition in rape cases under traditional rape law, and we welcomed legal reforms designed to improve the situation. As sodal sdentists, we wondered about the efficacy of legal changes aimed at an inherently resistant court system. We also were curious about the lack of studies examining the impact of these changes; we were particularly surprised to find that no one had attempted to ana lyze the impact of the reforms in more than one jurisdiction. Con vinced that untangling the effects of the reforms from the effects of contextual factors required a multijurisdictional study, we deeided to undertake the project. We quickly discovered that evaluating rape law reform in several jurisdictions would be no easy task. We had deeided that such an evaluation would require monthly data on the outcome of rape cases before and after the reforms were implemented, as weIl as qualitative data on the attitudes of criminal justice officials toward the reforms. Because states do not generate monthly data on case outcomes, we would have to collect the data ourse1ves from court records main tained by individual jurisdictions. To obtain an adequate number of cases for the time-series analysis, we would have to select our sites from large urban jurisdictions scattered throughout the United States.
Download or read book Feminist Judgments written by Ann C. McGinley and published by Cambridge University Press. This book was released on 2020-10-15 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: How would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.
Download or read book Rape and the Legal Process written by Jennifer Temkin and published by Oxford University Press on Demand. This book was released on 2002 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Putting Trials on Trial written by Elaine Craig and published by McGill-Queen's Press - MQUP. This book was released on 2018-02-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rape and the Criminal Justice System written by Jennifer Temkin and published by Dartmouth Publishing Company. This book was released on 1995 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Restorative Responses to Sexual Violence written by Estelle Zinsstag and published by Routledge. This book was released on 2017-02-17 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual violence, in all its forms, is a crime for which anecdotal accounts and scholarly reports suggest victims in their great majority do not receive adequate ‘justice’ or redress. The theory and practice of restorative justice is rapidly developing and offers some well-argued new avenues for dealings with crime in general. It has the potential to be extended to cases of sexual violence and a number of small scale programmes are already underway across the world. Restorative Responses to Sexual Violence examines this innovative justice paradigm in more depth in the particular context of sexual trauma and violence in order to establish the empirical realities of restorative justice approaches in cases of sexual violence, and considers how such approaches could be developed adequately in the future. This book is divided into two parts, each representing a key area of research and practice: theoretical and conceptual frameworks, and justice and therapeutic perspectives. This international collection brings together leading expert scholars and practitioners to offer both theoretical and practical perspectives on restorative justice and sexual violence. This book will be of interest to researchers in the field of law, criminology, psychology, social science, social work and psychotherapy, as well as practitioners in the fields of criminal justice, restorative justice and sex offender and victim trauma therapies.
