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Author : MICHELLE. FUERST
Publisher : Unknown
Page : 128 pages
File Size : 47,8 Mb
Release : 2018
Category : Electronic
ISBN : 0779886305
Author : Paul DerOhannesian (II)
Publisher : Lexis Law Publishing (Va)
Page : 824 pages
File Size : 50,5 Mb
Release : 1998
Category : Child sexual abuse
ISBN : STANFORD:36105060425928
Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
Page : 217 pages
File Size : 55,7 Mb
Release : 2018-02-16
Category : Law
ISBN : 9780773553019
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 : JILL. WITKIN
Publisher : Unknown
Page : 128 pages
File Size : 44,5 Mb
Release : 2020
Category : Electronic
ISBN : 1772556289
Author : Rachel Killean,Eithne Dowds,Anne-Marie McAlinden
Publisher : Routledge
Page : 236 pages
File Size : 53,9 Mb
Release : 2021-02-28
Category : Social Science
ISBN : 9781000361278
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 : Elizabeth A. Sheehy
Publisher : University of Ottawa Press
Page : 833 pages
File Size : 43,8 Mb
Release : 2012-09-29
Category : Law
ISBN : 9780776619774
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 : Paul DerOhannesian (II)
Publisher : Unknown
Page : 1042 pages
File Size : 49,6 Mb
Release : 2006
Category : Child sexual abuse
ISBN : IND:30000110144577
Author : Jennifer Temkin,Barbara Krahé
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 54,8 Mb
Release : 2008-04-15
Category : Law
ISBN : 9781847314208
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 : Pamela Radcliffe,Gisli H. Gudjonsson,Anthony Heaton-Armstrong,David Wolchover
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 44,7 Mb
Release : 2016
Category : Law
ISBN : 0199672938
Witness testimony in sexual cases is a complex and controversial topic and this practical guide provides comprehensive and balanced advice for criminal justice professionals at all stages of involvement in the legal process. It draws together essential legal and scientific information for all professionals working in this field.
Author : Denise Lievore
Publisher : Unknown
Page : 6 pages
File Size : 50,6 Mb
Release : 2005
Category : Prosecution
ISBN : 0642538654
Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in adult sexual assault cases, based on a survey of 141 Director of Public Prosecutions case files in five Australian jurisdictions. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships.
Author : Arthur S. Chancellor
Publisher : Jones & Bartlett Publishers
Page : 429 pages
File Size : 43,6 Mb
Release : 2014
Category : Law
ISBN : 9781449648695
Criminal Investigations & Forensic Science
Author : Serge Brammertz,Michelle J. Jarvis
Publisher : Oxford University Press
Page : 545 pages
File Size : 55,9 Mb
Release : 2016
Category : Law
ISBN : 9780198768562
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 : Rita F. Gunn,Candice Minch
Publisher : Univ. of Manitoba Press
Page : 148 pages
File Size : 52,7 Mb
Release : 1998-01-01
Category : Social Science
ISBN : 9780887550409
Only a small percentage of all cases of sexual assault are reported to the police. Why do so many women decide not to report an assault? And what happens to the assailant when a case is reported and charges are laid? In this volume Rita Gunn and Candice Minch explore the answers to these questions, basing their analysis on the most comprehensive data available on sexual assault in Canada. Through interviews with victims of sexual assault, they analyze the factors that influence the women to report an attack or keep silent. Society still places the responsibility on women to avoid being sexually assaulted, so the victim is caught in a dilemma when deciding whether to disclose an assault. The authors then look at what happens when a sexual assault is reported. They follow a sample of assaults from the initial police report through to the final disposition of the case, demonstrating that: only 10 percent of the original charges resulted in conviction; 20 percent were reduced to lesser charges; over 70 percent of the charges were filtered out of the criminal justice system before trial; and societal attitudes which blame victims for the offence extend into the legal system. Finally, the authors offer an assessment of the effects of the 1983 sexual assault legislation on the processing and ultimately on the reporting of sexual offences. They conclude that law reform is necessary but not sufficient in itself. “The law is only as innovative as the individuals who use, interpret, and apply it.” This volume provides a valuable analysis of sexual assault as it affects the victim and the assailant.
Author : Deb Waterhouse-Watson
Publisher : Routledge
Page : 252 pages
File Size : 51,7 Mb
Release : 2013-02-11
Category : Social Science
ISBN : 9781135123512
Since footballer sexual assault became top news in 2004, six years after the first case was reported, much has been written in the news media about individual cases, footballers and women who have sex with them. Deb Waterhouse-Watson reveals how media representations of recent sexual assault cases involving Australian footballers amount to "trials by media", trials that result in acquittal. The stories told about footballers and women in the news media evoke stereotypes such as the "gold digger", "woman scorned" and the "predatory woman", which cast doubt on the alleged victims’ claims and suggest that they are lying. Waterhouse-Watson calls this a "narrative immunity" for footballers against allegations of sexual assault. This book details how popular conceptions of masculinity and femininity inform the way footballers’ bodies, team bonding, women, sex and alcohol are portrayed in the media, and connects stories relating to the cases with sports reporting generally. Uncovering similar patterns of narrative, grammar and discourse across these distinct yet related fields, Waterhouse-Watson shows how these discourses are naturalised, with reports on the cases intertwining with broader discourses of football reporting to provide immunity. Despite the prevalence of stories that discredit the alleged victims, Waterhouse-Watson also examines attempts to counter these pervasive rape myths, articulating successful strategies and elucidating the limitations built into journalistic practices, and language itself.
Author : Constance Backhouse
Publisher : Unknown
Page : 445 pages
File Size : 48,8 Mb
Release : 2009-07
Category : History
ISBN : 1552211789
A powerful book by one of Canada's leading legal historians on sexual assault.