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Sexual Assault and the Justice Gap

Sexual Assault and the Justice Gap
Author: Jennifer Temkin
Publisher:
Total Pages: 257
Release: 2008
Genre: Rape
ISBN: 9781472564320

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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.


Sexual Assault and the Justice Gap: A Question of Attitude

Sexual Assault and the Justice Gap: A Question of Attitude
Author: Jennifer Temkin
Publisher: Bloomsbury Publishing
Total Pages: 270
Release: 2008-04-15
Genre: Law
ISBN: 1847314201

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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.


Closing the Justice Gap for Adult and Child Sexual Assault

Closing the Justice Gap for Adult and Child Sexual Assault
Author: Anne Cossins
Publisher: Springer Nature
Total Pages: 722
Release: 2020-10-21
Genre: Social Science
ISBN: 1137320516

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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.


Sexual Assault in Canada

Sexual Assault in Canada
Author: Elizabeth A. Sheehy
Publisher: University of Ottawa Press
Total Pages: 833
Release: 2012-09-29
Genre: Law
ISBN: 0776619772

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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.


Sexual History Evidence in Rape Trials

Sexual History Evidence in Rape Trials
Author: Charlotte Herriott
Publisher: Taylor & Francis
Total Pages: 163
Release: 2023-03-16
Genre: Law
ISBN: 1000874389

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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.


Rape

Rape
Author: Miranda A. H. Horvath
Publisher: Routledge
Total Pages: 373
Release: 2013-01-11
Genre: Social Science
ISBN: 1134026463

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Rape remains one of the most controversial issues within criminal justice and receives high profile coverage internationally. Despite the many changes there have been to the law, practice and procedure in the investigation of rape allegations, and support available for victims, victims are routinely blamed for their victimization. Only a very small number of perpetrators ever face prosecution, let alone conviction. This book aims to take stock of current thinking and research about rape and the way it is handled in practice within the criminal justice system, and to challenge some of the widely held but inaccurate beliefs about rape. It brings together leading researchers in the field from psychology, sociology and law, considering new research and presenting new data from a strong theoretical and contextual base. The main focus of the book is on adult victims of rape, with chapters exploring such issues as rape and the media, the use of alcohol and drugs in rape, police decision making on rape cases, conviction patterns in rape trials, and interviewing victims of rape and sexual assault.


Closing the Justice Gap for Adult and Child Sexual Assault

Closing the Justice Gap for Adult and Child Sexual Assault
Author: Anne Cossins
Publisher: Palgrave Macmillan
Total Pages: 368
Release: 2020-08-03
Genre: Social Science
ISBN: 9781137320490

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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 many reform options, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining 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 thought-out suggestions for reform. She argues that this justice gap is a result of myths and misconceptions about rape which can be eliminated by a radical replacement of the adversarial system with a trauma-informed system. This book takes into consideration the psychological literature and speaks to students and academics across subjects including law, criminology, gender studies and psychology, and to practitioners in law and victim services, and policy-makers.


Turbulent Times, Transformational Possibilities?

Turbulent Times, Transformational Possibilities?
Author: Fiona MacDonald
Publisher: University of Toronto Press
Total Pages: 427
Release: 2020-05-12
Genre: Political Science
ISBN: 1487588348

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In Canada and elsewhere, recent political, economic, and social shifts have brought gender to the forefront of politics as never before, from gender-based analyses and “feminist budgets” to the #MeToo, Idle No More, and Black Lives Matter movements. Detailing these gendered and turbulent political times, this book features state-of-the art scholarship from diverse contributors that encompasses both contemporary challenges as well as avenues for change now and into the future. This collection represents a complex treatment of both gender and politics, in which gender is examined in light of other collective identities and their intersections and politics refers to both institutional and movement and countermovement politics.


Forensic Psychology

Forensic Psychology
Author: David A. Crighton
Publisher: John Wiley & Sons
Total Pages: 896
Release: 2021-05-04
Genre: Psychology
ISBN: 1119673526

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FORENSIC PSYCHOLOGY Explore the theory, research, and practice of forensic psychology with this collection of resources from recognized leaders in the field The newly revised Third Edition of Forensic Psychology delivers insightful coverage of the theory and applications of forensic psychology. The book combines authoritative scholarship with an unprecedented breadth of international coverage and constitutes an essential resource for all aspects of contemporary forensic and criminal psychology. The new edition addresses issues of equality, diversity, and inclusion in each section, as well as the uses and abuses of power in forensic contexts. The book takes a constructively critical approach to the dominant theories, policy, and practices of today, as opposed to being merely descriptive, and considers new and developing areas, like the prevention of sexual violence at universities. Forensic Psychology comprehensively addresses the application of modern forensic techniques and practices to the civil and criminal justice systems in the United Kingdom. Each chapter concludes with some specific suggestions for further reading. Additionally, readers will enjoy the inclusion of a wide variety of topics, like: A thorough discussion of investigative and clinical practice, including the politics of forensic psychology, offender profiling, eyewitness testimony, and jury decision making An examination of clinical and risk assessments, including reviews of the key legal issues and principles involved in risk assessments, the role of structured instruments and protocols, and coverage of actuarial and structured clinical methods Discussions of working with criminalized populations in prisons and forensic mental health facilities A treatment of psychology in the courts with an emphasis on the courts of England and Wales Perfect for graduate level students in forensic psychology courses, Forensic Psychology will also earn a place in the libraries of qualified forensic psychologist practitioners and postgraduate students seeking to improve their understanding of forensic psychology with a high-quality international textbook underpinned by considerations of human rights and ethical standards.


Sexual Violence and Restorative Justice

Sexual Violence and Restorative Justice
Author: Marie Keenan
Publisher: Oxford University Press
Total Pages: 417
Release: 2022-11-04
Genre: Criminal justice, Administration of
ISBN: 0198858639

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Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.