Rape And The Criminal Trial

Author : Anna Carline,Clare Gunby,Jamie Murray
Publisher : Springer Nature
Page : 153 pages
File Size : 47,5 Mb
Release : 2020-03-23
Category : Social Science
ISBN : 9783030386849

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Rape and the Criminal Trial by Anna Carline,Clare Gunby,Jamie Murray Pdf

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 : Jane Doe
Publisher : Unknown
Page : 394 pages
File Size : 41,7 Mb
Release : 2003
Category : Biography & Autobiography
ISBN : UOM:39015060616870

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The Story of Jane Doe by Jane Doe Pdf

On an August night in 1986, Jane Doe became the fifth reported woman raped by a sexual serial predator dubbed the Balcony Rapist. Even though the police had full knowledge of the rapist's modus operandi, they made a conscious decision not to issue a warning to women in her neighbourhood. Jane Doe quickly realized that women were being used by the police as bait. The rapist was captured as a result of a tip received after she and a group of women distributed 2,000 posters alerting the community. During the criminal proceedings, Jane Doe became the first raped woman in Ontario to secure her own legal representation -- allowing her to sit in on the hearings instead of out in the hall where victim-witnesses are usually cloistered. As a result, Jane heard details of the police investigation normally withheld from women in her position, which revealed a shocking degree of police negligence and gender discrimination. When the rapist was convicted, the comfort was cold. In 1987, Jane Doe sued the Metropolitan Police Force for negligence and charter violation. It took eleven long years before her civil case finally came to trial -- the rest is history.

Author : Elizabeth A. Sheehy
Publisher : University of Ottawa Press
Page : 833 pages
File Size : 54,7 Mb
Release : 2012-09-29
Category : Law
ISBN : 9780776619774

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Sexual Assault in Canada by Elizabeth A. Sheehy Pdf

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 : Olivia Smith
Publisher : Springer
Page : 292 pages
File Size : 45,9 Mb
Release : 2018-03-26
Category : Social Science
ISBN : 9783319756745

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Rape Trials in England and Wales by Olivia Smith Pdf

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 : Zsuzsanna Adler
Publisher : Taylor & Francis
Page : 176 pages
File Size : 54,9 Mb
Release : 2022-09-01
Category : Law
ISBN : 9781000647068

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Rape on Trial by Zsuzsanna Adler Pdf

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.

Author : Sue Lees
Publisher : Women's Press (UK)
Page : 364 pages
File Size : 49,8 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063273085

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Carnal Knowledge by Sue Lees Pdf

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.

Author : Jennifer Temkin
Publisher : Dartmouth Publishing Company
Page : 458 pages
File Size : 41,9 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105060574063

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Rape and the Criminal Justice System by Jennifer Temkin Pdf

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 : Daniela Nadj
Publisher : Routledge
Page : 280 pages
File Size : 52,6 Mb
Release : 2018-05-23
Category : Law
ISBN : 9781317228189

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International Criminal Law and Sexual Violence against Women by Daniela Nadj Pdf

This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.

Author : Rachel Killean,Eithne Dowds,Anne-Marie McAlinden
Publisher : Routledge
Page : 236 pages
File Size : 47,7 Mb
Release : 2021-02-28
Category : Social Science
ISBN : 9781000361278

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Sexual Violence on Trial by Rachel Killean,Eithne Dowds,Anne-Marie McAlinden Pdf

Sexual Violence on Trial provides a contemporary critical examination of the investigation, prosecution and cultural contexts of sexual violence. It draws on Northern Ireland as a case study, while also drawing on experiences from other jurisdictions across the United Kingdom and island of Ireland. Public and academic debates concerning the high-profile ‘Belfast/Rugby Rape Trial’ and the subsequent Gillen review of the arrangements to deliver justice in serious sexual offence cases have been mirrored at a global level with movements such as #MeToo and #TimesUp. This book brings together the perspectives of practitioners and academics to discuss contemporary challenges surrounding the societal and legal framing of sexual violence. It examines key aspects of the criminal justice process including the challenges of supporting victims; of responding to a range of forms of sexual violence such as rape, peer abuse, intimate partner violence and forced-to-penetrate cases; as well as alternative perspectives and future reforms. It also considers broader debates including balancing the interests of victims and defendants; the impact of cultural myths and stereotypes; the challenges of the digital age; models of consent; legal representation for victims and anonymity and publicity surrounding trials. Written by leading authorities in the field, Sexual Violence on Trial will be of great interest to students and scholars of Criminology, Law and Sociology.

Author : Paul DerOhannesian (II)
Publisher : Unknown
Page : 1042 pages
File Size : 47,7 Mb
Release : 2006
Category : Child sexual abuse
ISBN : IND:30000110144577

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Sexual Assault Trials by Paul DerOhannesian (II) Pdf

Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
Page : 217 pages
File Size : 53,8 Mb
Release : 2018-02-16
Category : Law
ISBN : 9780773553019

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Putting Trials on Trial by Elaine Craig Pdf

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 : Battelle Law and Justice Study Center
Publisher : Unknown
Page : 98 pages
File Size : 46,9 Mb
Release : 1977
Category : Criminal procedure
ISBN : OSU:32437121670976

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Forcible Rape by Battelle Law and Justice Study Center Pdf

Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
Page : 320 pages
File Size : 45,5 Mb
Release : 2018
Category : LAW
ISBN : 9780773552777

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Putting Trials on Trial by Elaine Craig Pdf

An interrogation of sexual assault law and a legal process that traumatizes complainants.

Author : Serge Brammertz,Michelle J. Jarvis
Publisher : Oxford University Press
Page : 545 pages
File Size : 54,8 Mb
Release : 2016
Category : Law
ISBN : 9780198768562

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Prosecuting Conflict-related Sexual Violence at the ICTY by Serge Brammertz,Michelle J. Jarvis Pdf

Documenting the experiences, achievements, challenges, and fundamental insights of the Office of the Prosecutor in prosecuting conflict-related sexual violence crimes at the ICTY, this volume analyses and recommends ways to overcome the obstacles faced in prioritizing, investigating and prosecuting conflict-related sexual violence crimes.

Author : Sara Sharratt
Publisher : Routledge
Page : 196 pages
File Size : 54,5 Mb
Release : 2016-04-22
Category : Social Science
ISBN : 9781317129882

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Gender, Shame and Sexual Violence by Sara Sharratt Pdf

Drawing on extensive interview material gathered amongst victims, witnesses, judges and NGOs, this book investigates the prosecution of rape and sexual violence in war crimes tribunals, with special attention to The International Court for the Former Yugoslavia (ICTY) and World Court in Sarajevo. It examines the testimonies of victims and witnesses and their reasons for testifying, their attitudes towards perpetrators, the consequences of testifying, their recommendations for other witnesses and conceptions of justice. In addition, it explores the attitudes of judges, prosecutors, psychologists and those in charge of protecting and offering services. Adopting a feminist approach, ’Gender, Shame and Sexual Violence’ challenges the assumption that the deterrent effect of making rape trials more visible would reduce the occurrence of sexual violence in conflict situations, contending instead that the manner in which cases are handled both increases the victims’ sense of shame and serves to propagate a representation of women's bodies that may actually serve to increase the use of sexual violence during war. A compelling analysis of the prosecution of rape as a war crime, this volume offers extensive new empirical material that will be of interest to scholars of sociology, gender studies, criminology, politics, international relations and law.