Rape And The Culture Of The Courtroom

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Rape and the Culture of the Courtroom

Andrew E. Taslitz
Rape and the Culture of the Courtroom Book PDF

Author : Andrew E. Taslitz
Publisher : NYU Press
Page : 232 pages
File Size : 51,9 Mb
Release : 1999-06-01
Category : Law
ISBN : 9780814783429

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Rape and the Culture of the Courtroom by Andrew E. Taslitz Pdf

Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

Rape and the Culture of the Courtroom

Andrew E. Taslitz
Rape and the Culture of the Courtroom Book PDF

Author : Andrew E. Taslitz
Publisher : NYU Press
Page : 223 pages
File Size : 53,7 Mb
Release : 1999-06
Category : Law
ISBN : 0814782299

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Rape and the Culture of the Courtroom by Andrew E. Taslitz Pdf

A study of how rape stereotypes are used by defence lawyers to gain acquittals in the USA. The author also presents reform proposals, consistent with feminist theories of justice, designed to improve both the American adversary system in general and the way in which the system handles rape cases.

Rape, Gender and Class

Ellen Daly
Rape Gender and Class Book PDF

Author : Ellen Daly
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 2022
Category : Electronic books
ISBN : 303093926X

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Rape, Gender and Class by Ellen Daly Pdf

This book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.

Reproducing Rape

Gregory M. Matoesian
Reproducing Rape Book PDF

Author : Gregory M. Matoesian
Publisher : University of Chicago Press
Page : 272 pages
File Size : 49,9 Mb
Release : 1993-06
Category : Language Arts & Disciplines
ISBN : 0226510794

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Reproducing Rape by Gregory M. Matoesian Pdf

This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex. Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.

Rape Trials in England and Wales

Olivia Smith
Rape Trials in England and Wales Book PDF

Author : Olivia Smith
Publisher : Springer
Page : 292 pages
File Size : 54,8 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.

Rape Cultures and Survivors

Tuba Inal,Merril D. Smith
Rape Cultures and Survivors Book PDF

Author : Tuba Inal,Merril D. Smith
Publisher : Bloomsbury Publishing USA
Page : 605 pages
File Size : 41,6 Mb
Release : 2018-07-11
Category : Social Science
ISBN : 9781440853074

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Rape Cultures and Survivors by Tuba Inal,Merril D. Smith Pdf

An in-depth treatment in two volumes of the historical and cultural contexts of rape and rape culture, this set discusses both victims and perpetrators internationally during war and peace times and examines the treatment of survivors. Historically, women, men, and children have all suffered sexual violence, during wartime and peacetime as well as inside and outside their homes. This two-volume title focuses on survivors of rape in a variety of social and cultural contexts. It examines different people who are victimized in a variety of situations (including in war and prisons) and studies the particularities of "rape cultures" that are intertwined with ethnic cultures and hatreds and other forms of conflictual social, political, and economic relations. In the introduction, the editors define rape and rape culture and provide historical and cultural context for the information presented throughout the volumes, the first of which primarily focuses on the causes and manifestations of rape cultures; the second considers the consequences of rape cultures for survivors of sexual assault. In both volumes, contributors provide case studies elucidating the experiences of a variety of victims—young, old, male, female, straight, and LGBT—in diverse locations around the world to help readers understand how truly pervasive and portentous rape culture is.

Putting Trials on Trial

Elaine Craig
Putting Trials on Trial Book PDF

Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
Page : 217 pages
File Size : 53,9 Mb
Release : 2018-02-16
Category : Law
ISBN : 9780773553002

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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.

Rape Narratives in Motion

Ulrika Andersson,Monika Edgren,Lena Karlsson,Gabriella Nilsson
Rape Narratives in Motion Book PDF

Author : Ulrika Andersson,Monika Edgren,Lena Karlsson,Gabriella Nilsson
Publisher : Springer
Page : 268 pages
File Size : 44,8 Mb
Release : 2019-03-23
Category : Social Science
ISBN : 9783030138523

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Rape Narratives in Motion by Ulrika Andersson,Monika Edgren,Lena Karlsson,Gabriella Nilsson Pdf

This book critically examines the last few decades of discussion around sex and violence in the media, on social media, in the courtroom and through legislation. The discursive struggles over what constitutes "sexual violence", "victims" and "offenders" is normally determined through narratives: a selective ordering of events and participants. Centrally, the book investigates the social processes involved in the telling of stories of rape and its political implications. From a multidisciplinary feminist perspective, this volume explores what narratives about sexual violence are deemed legitimate at this historical juncture. This volume brings together feminist scholars working in a wide variety of disciplines including law, legal studies, history, gender studies, ethnology, media, criminology and social work from across the globe. Through situated empirical work, these scholars seek to understand currents movements between the criminal justice system and the cultural imagination.

Had It Coming

Robyn Doolittle
Had It Coming Book PDF

Author : Robyn Doolittle
Publisher : Penguin
Page : 256 pages
File Size : 43,9 Mb
Release : 2019-09-24
Category : Social Science
ISBN : 9780735236608

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Had It Coming by Robyn Doolittle Pdf

“A decisive snapshot of this moment in history that considers where we were, and sets the stage for where we might go, and will no doubt be used to describe this moment long after we move on to a new normal.” —Zoe Whittall, author of The Best Kind of People An illuminating, timely look at the changing landscape of sexual politics by the author of Crazy Town. For nearly two years, Globe and Mail reporter Robyn Doolittle investigated how Canadian police handle sexual assault cases. Her findings were shocking: across the country, in big cities and small towns, the system was dismissing a high number of allegations as "unfounded." A police officer would simply view the claim as baseless and no investigation would follow. Of the 26,500 reported cases of sexual assault in 2015, only 1,400 resulted in convictions. The response to Doolittle's groundbreaking Unfounded series was swift. Federal ministers immediately vowed to establish better oversight, training, and policies; Prime Minister Trudeau announced $100 million to combat gender-based violence; Statistics Canada began to collect and publish unfounded rates; and to date, about a third of the country's forces have pledged to review more than 10,000 sex-assault cases dating back to 2010. Had It Coming picks up where the Unfounded series left off. Doolittle brings a personal voice to what has been a turning point for most women: the #MeToo movement and its aftermath. The world is now increasingly aware of the pervasiveness of rape culture in which powerful men got away with sexual assault and harassment for years: from Bill Cosby, Harvey Weinstein, Bill O'Reilly, and Matt Lauer, to Charlie Rose and Jian Ghomeshi. But Doolittle looks beyond specific cases to the big picture. The issue of "consent" figures largely: not only is the public confused about what it means, but an astounding number of police officers and judges do not understand Canadian consent law. The brain's reaction to trauma and how it affects memory is also crucial to understanding victim statements. Surprisingly, Canada has the most progressive sexual assault laws in the developed world, yet the system is failing victims at every stage. Had It Coming is not a diatribe or manifesto, but a nuanced and informed look at how attitudes around sexual behaviour have changed and still need to change.

Intersections of Law and Culture at the International Criminal Court

Julie Fraser,Brianne McGonigle Leyh
Intersections of Law and Culture at the International Criminal Court Book PDF

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 50,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Sexual Assault in Canada

Elizabeth A. Sheehy
Sexual Assault in Canada Book PDF

Author : Elizabeth A. Sheehy
Publisher : University of Ottawa Press
Page : 833 pages
File Size : 48,5 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.

Defining Rape Culture

Rebecca M. Hayes
Defining Rape Culture Book PDF

Author : Rebecca M. Hayes
Publisher : Emerald Group Publishing
Page : 185 pages
File Size : 40,7 Mb
Release : 2023-10-20
Category : Social Science
ISBN : 9781802622157

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Defining Rape Culture by Rebecca M. Hayes Pdf

From #notallmen to #MeToo, this book acts as an in-depth primer on how these outdated attitudes continue to persist, but also the role we can play in shifting this cultural mindset and create lasting social change.

Reproducing Rape

Gregory M. Matoesian
Reproducing Rape Book PDF

Author : Gregory M. Matoesian
Publisher : University of Chicago Press
Page : 265 pages
File Size : 48,8 Mb
Release : 1993-06
Category : Law
ISBN : 9780226510804

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Reproducing Rape by Gregory M. Matoesian Pdf

This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex. Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.

Balancing the Scales

Patricia Weiser Easteal
Balancing the Scales Book PDF

Author : Patricia Weiser Easteal
Publisher : Unknown
Page : 225 pages
File Size : 53,8 Mb
Release : 1998
Category : Law
ISBN : 1862873046

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Balancing the Scales by Patricia Weiser Easteal Pdf

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.

Campus Rape Culture

Jennifer L. Huck
Campus Rape Culture Book PDF

Author : Jennifer L. Huck
Publisher : Routledge
Page : 186 pages
File Size : 55,6 Mb
Release : 2021
Category : Social Science
ISBN : 1003039219

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Campus Rape Culture by Jennifer L. Huck Pdf

"The book looks at rape myths and rape culture within the university environment, examining the development of social identities in the creation and support of such culture. Building on a four-year research project, this book demonstrates how an understanding of rape culture and of the falsity of rape myths amongst students and staff at university is often at odds with an understanding of the degree to which sexual assaults take place, and of why they take place. This book explores how traditionally held beliefs of sex roles between men and women, poor conceptions of consent processes, lack of available data, and an inability to see the full continuum of sexual assault limits the knowledge of sexual assaults inside the university community. Taken together the studies demonstrate how socialized social identities of masculinity and femininity hold power in how consent, sexual assaults, and sexual behaviors manifest through cultural values of rape myths and hook-ups. Universities are challenged to examine their sexual assault programming in connection to Title IX and beyond to create educational opportunities about rape culture and rape myths suitable for their students, faculty, and staff. Written in a clear and direct style, this is essential reading for all those engaged in research about rape culture, sexual assault, and violence against women"--