Sexual History Evidence in Rape Trials
Sexual History Evidence in Rape Trials

Author: Charlotte Herriott

Publisher: Taylor & Francis

Published: 2023-03-16

Total Pages: 163

ISBN-13: 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, Gender and Class
Rape, Gender and Class

Author: Ellen Daly

Publisher: Springer Nature

Published: 2022-02-11

Total Pages: 198

ISBN-13: 3030939251

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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.

Research Methods in Law
Research Methods in Law

Author: Dawn Watkins

Publisher: Routledge

Published: 2013-07-18

Total Pages: 166

ISBN-13: 1135051380

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The aim of this book is to explain in clear terms some of the main methodological approaches in legal research. This is an edited collection, with each chapter written by specialists in their field, researching in a variety of jurisdictions. Each contributor addresses the topic of "lay decision makers in the legal system" from one particular methodological perspective, explaining how they would approach the issue and discussing why their particular method might, or might not, be suited to this topic. In asking all contributors to focus on the same topic, the editors have sought to provide a common link throughout the text, thereby providing the reader with an opportunity to draw comparisons between methods with relative ease. In light of the broad geographical range of its contributors, the book is aimed at an international readership. This book will be of particular interest to PhD students in law, but it will also be of use to undergraduate dissertation students in law, LL.M Research students as well as prospective PhD students and early year researchers.

Researching Domestic Abuse and Sexual Violence
Researching Domestic Abuse and Sexual Violence

Author: Claire McLoone-Richards

Publisher: Taylor & Francis

Published: 2023-08-25

Total Pages: 105

ISBN-13: 1000928810

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This book offers a critical examination of the ethical and moral challenges in conducting research about domestic abuse or sexual violence from the perspectives of studentpractitioners and novice researchers within various professional disciplines, offering rich insights based on the experiences of each author. Including the research expertise of academics in this field and importantly, the experiences of student-practitioners in conducting their research, the book explores practice-informed research and research-informed practice, in relation to the examination of a range of issues and themes related to DA and SV. All contributors consider the challenges and reflect on the salient issues related to their ethical research, and with some of the research conducted during the global pandemic of COVID-19, they also reflect on these additional challenges and how they sought to address them. The reader is invited to consider the different national and international, gendered, cultural, and social contexts of DA and SV from early childhood to old age. With a constant thread of critical reflection, they are encouraged to think about their own positionality to the unfolding discussions within each chapter, and how these may relate to their professional practice, their research, and their professional values. Overall, the book sets out to (1) articulate the dominant theoretical frameworks that have sought to offer explanations about domestic abuse and sexual violence within the research problems presented by the student-practitioners, (2) evaluate the significance of the legislation and policy provision within the UK in service provision and interventions for victims and perpetrators, (3) showcase best practice examples of research studies on domestic abuse and sexual violence based on the experiences of studentpractitioners, (4) promote a critical appraisal of the self and the positionality of the practitioner as researcher, through reflection on their personal and professional development, and (5) reflect on the impact of the shadow pandemic on the experiences of vulnerable individuals and the challenges of conducting research ethically and safely. This is essential reading for students either currently engaged in or with aspirations to work in professional practice in the DA and SV sectors. It is also useful for students on related graduate MA professional courses, practitioners in social work, health care, criminal justice, counselling, and particularly in the multi-faceted ‘women’s sector’. It will also appeal to final-year students undertaking primary research in social work, health care, women’s studies, and criminology.

Rape Trials in England and Wales
Rape Trials in England and Wales

Author: Olivia Smith

Publisher: Springer

Published: 2018-03-26

Total Pages: 294

ISBN-13: 3319756745

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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.

Investigating the Truth
Investigating the Truth

Author: Ray Bull

Publisher: Routledge

Published: 2018-10-09

Total Pages: 327

ISBN-13: 1351690337

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In the World Library of Psychologists series, international experts present career-long collections of what they judge to be their finest pieces – extracts from books, key articles, salient research findings, and their major practical theoretical contributions. The Selected Works of Professor Ray Bull include some of the most influential insights into the psychology of investigative interviewing. Whether it has been determining whether a suspect is lying or telling the truth, enabling children to provide reliable testimony, or understanding how the dynamics of the interview process itself can affect what is achieved, Professor Bull has been at the forefront in researching this fascinating area of applied psychology for over 40 years, his work informing practice internationally. An elected Honorary Fellow of the British Psychological Society and the first Honorary Life Member of the International Investigative Interviewing Research Group, Professor Bull also drafted parts of the government’s Memorandum of Good Practice and of Achieving Best Evidence on Video Recorded Interviews with Child Witnesses for Criminal Proceedings. Including a specially written introduction in which Professor Bull reflects on a wide-ranging career and contextualises how the field has evolved, this collection will be a valuable resource for students and researchers of forensic psychology.

Sexual History Evidence and the Rape Trial
Sexual History Evidence and the Rape Trial

Author: Joanne Conaghan

Publisher: Policy Press

Published: 2023-10

Total Pages: 236

ISBN-13: 1529207827

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The use of a rape victim's sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim's sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.

The Oxford Handbook of Ethnographies of Crime and Criminal Justice
The Oxford Handbook of Ethnographies of Crime and Criminal Justice

Author: Sandra M. Bucerius

Publisher: Oxford University Press

Published: 2021-12-14

Total Pages: 657

ISBN-13: 0190904534

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Despite ethnography's long and distinguished history in the social sciences, its use in criminology is still relatively rare. Over the years, however, ethnographers in the United States and abroad have amassed an impressive body of work on core criminological topics and groups, including gang members, sex workers, drug dealers, and drug users. Ethnographies on criminal justice institutions have also flourished, with studies on police, courts, and prisons providing deep insights into how these organizations operate and shape the lives of people who encounter them. The Oxford Handbook of Ethnographies of Crime and Criminal Justice provides critical and current reviews of key research topics, issues, and debates that crime ethnographers have been grappling with for over a century. This volume brings together an outstanding group of ethnographers to discuss various research traditions, the ethical and pragmatic challenges associated with conducting crime-related fieldwork, relevant policy recommendations for practitioners in the field, and areas of future research for crime ethnographers. In addition to exhaustive overview essays, the handbook also presents case studies that serve as exemplars for how ethnographic inquiry can contribute to our understanding of crime and criminal justice-related topics.

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

Published: 2008-04-15

Total Pages: 270

ISBN-13: 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.