Rape Law Reform

Rape Law Reform

Author: Cassia Spohn

Publisher: Springer Science & Business Media

Published: 2013-11-27

Total Pages: 182

ISBN-13: 1489907092

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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.


Shades of Grey - Domestic and Sexual Violence Against Women

Shades of Grey - Domestic and Sexual Violence Against Women

Author: Anna Carline

Publisher: Routledge

Published: 2014-09-19

Total Pages: 298

ISBN-13: 1317815238

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Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women’s experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses. They go on to examine the potential and limits of law, making recommendations for best practice models of policymaking and law reform. Aiming to help improve government, community and legal responses to women who experience violence, Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society will assist law-makers, academics, policymakers and a wider audience in understanding the complexities of violence against women.


Rape Justice

Rape Justice

Author: Nicola Henry

Publisher: Springer

Published: 2015-09-01

Total Pages: 320

ISBN-13: 113747615X

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This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.


Rape and the Legal Process

Rape and the Legal Process

Author: Jennifer Temkin

Publisher: Oxford University Press on Demand

Published: 2002

Total Pages: 385

ISBN-13: 9780198763550

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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.


Sexual Assault in Canada

Sexual Assault in Canada

Author: Elizabeth A. Sheehy

Publisher: University of Ottawa Press

Published: 2012-09-29

Total Pages: 833

ISBN-13: 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.


Should We Consent?

Should We Consent?

Author: Lillian Artz

Publisher: Juta and Company Ltd

Published: 2008

Total Pages: 304

ISBN-13: 9780702179389

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South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system. Since 1996 the activism has focused on the South African Law Reform Commission's investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process. Should We Consent? also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as 'defining' rape, HIV, sexual offences against children and sentencing of sexual offenders.


Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice

Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice

Author: Nicole Bluett-Boyd

Publisher:

Published: 2014

Total Pages: 74

ISBN-13: 9781922038449

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Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.


Normal Life

Normal Life

Author: Dean Spade

Publisher: Duke University Press

Published: 2015-07-23

Total Pages: 194

ISBN-13: 082237479X

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Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.


Cyberflashing

Cyberflashing

Author: McGlynn, Clare

Publisher: Policy Press

Published: 2021-03-26

Total Pages: 166

ISBN-13: 1529217628

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Cyberflashing has been on the rise since the Covid-19 pandemic. This book provides new analysis into the harms of cyberflashing. This timely and unique study considers recent laws in several countries and sets out proposals to criminalise cyberflashing in English law.