A groundbreaking book commissioned by the Rape Crisis Network Ireland, is the result of a four-year independent research study into the process of prosecuting rape cases in Ireland. This book is an important advance in our understanding of the reasons why so many rape cases are lost from the system during their progress from incident to reporting, to final court hearing, resulting in a conviction rate for rape in Ireland of only 7%. The book also offers a unique insight into the Irish justice system as the authors were granted unprecedented access to the files of the state prosecutors, the courts, and the experiences of survivors of rape.
Comprehensive overview of the Irish criminal justice system, its current problems and its vision for the future. Collection of essays by major office-holders, experienced practitioners, leading academics, legal scholars, sociologists, psychologists, philosophers and educationalists.
Is justice possible for a woman raped in contemporary patriarchal culture? This book explores one of the major conundrums of our time: given all the feminist activism and reforms of the last 50 years, why does rape remain so prevalent and justice so elusive? In exploring these questions, Jan Jordan takes us back into the patriarchal origins of our rape culture in order to trace the connections between past laws and current justice realities. Her examination covers developments in police and court processes and explores the connections between men, masculinity, and rape before considering the scope of rape prevention. She argues the need for urgent transformation of the rape-condoning cultures that currently make it impossible for rape prevalence to abate or for rape victims to receive justice.
The topic of sexual offending is a deeply complex and challenging one. In the past number of years, there has been a growing interest in sexual crime with a proliferation of cases provoking controversy around sentencing and continuing questions about the adequacy of the current law. Sexual Offending in Ireland: Laws, Procedures and Punishment offers an accessible and comprehensive account of the relevant law in relation to sexual offending in Ireland. It incorporates an examination of developments in domestic legislation and case law, detailing the substantive and evidentiary rules, as well as sentencing practice and supervision of sexual offenders. Part 1 of the book provides a comprehensive account of the substantive law on sexual offences, covering the primary sexual offences against adult victims, as well as those relating to victims who are under the age of consent or who have limited decision-making capacity. Part 2 looks at procedural issues surrounding trial and evidence. It incorporates a critical analysis of recent developments in evidence-related issues that have arisen in recent years. This part covers the special rules of evidence which apply in sexual offence trials, as well as describing the special procedures which may apply in sexual offence trials to protect victims from secondary victimisation. Part 3 provides a comprehensive examination of how those convicted of sexual offending are sentenced in the Irish courts, and explains the post-release orders and requirements a convicted sex offender may be subject to in the aftermath of imprisonment. The book also discusses the recent reforms introduced under the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Bill 2016, examining the implications these reforms will have upon the trial and punishment of sexual offenses. This is a timely addition to commentary on the law in this unique area. [Subject: Criminal Law, Irish Law, Sexual Offenses]
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.
Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims’ satisfaction in the criminal justice system. The Republic of Ireland has seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this book is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated. The book discusses the historical and theoretical concern for crime victims in the criminal justice system, examins the variety of forms of legal and service provision inclusion, amd concludes by analysing the various needs of victims which continue to be unmet.
From Christina Lamb, the coauthor of the bestselling I Am Malala and an award-winning journalist—an essential, groundbreaking examination of how women experience war. In Our Bodies, Their Battlefields, longtime intrepid war correspondent Christina Lamb makes us witness to the lives of women in wartime. An award-winning war correspondent for twenty-five years (she’s never had a female editor) Lamb reports two wars—the “bang-bang” war and the story of how the people behind the lines live and survive. At the same time, since men usually act as the fighters, women are rarely interviewed about their experience of wartime, other than as grieving widows and mothers, though their experience is markedly different from that of the men involved in battle. Lamb chronicles extraordinary tragedy and challenges in the lives of women in wartime. And none is more devastating than the increase of the use of rape as a weapon of war. Visiting warzones including the Congo, Rwanda, Nigeria, Bosnia, and Iraq, and spending time with the Rohingya fleeing Myanmar, she records the harrowing stories of survivors, from Yazidi girls kept as sex slaves by ISIS fighters and the beekeeper risking his life to rescue them; to the thousands of schoolgirls abducted across northern Nigeria by Boko Haram, to the Congolese gynecologist who stitches up more rape victims than anyone on earth. Told as a journey, and structured by country, Our Bodies, Their Battlefields gives these women voice. We have made significant progress in international women’s rights, but across the world women are victimized by wartime atrocities that are rarely recorded, much less punished. The first ever prosecution for war rape was in 1997 and there have been remarkably few convictions since, as if rape doesn’t matter in the reckoning of war, only killing. Some courageous women in countries around the world are taking things in their own hands, hunting down the war criminals themselves, trying to trap them through Facebook. In this profoundly important book, Christina Lamb shines a light on some of the darkest parts of the human experience—so that we might find a new way forward. Our Bodies, Their Battlefields is as inspiring and empowering is as it is urgent, a clarion call for necessary change.
This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
Sarah Grace is a sexual assault survivor. On 17 July 2019, she fell asleep like any other night. A burglar broke into her apartment and attacked her as she slept. What followed was a fight for her life. That violent assault blew apart her world, reducing everything in it to ashes. From that battle, Sarah has waged many more. She had to fight her way through post-traumatic stress, the social stigma around sexual assault and an archaic court system in her bid to ensure her attacker couldn't do the same to another woman. Some adversities were predictable – nightmares, panic attacks and the devastating loss of self. Others were surprising – toxic social reactions, friends withdrawing and a nightmarish trial that unearthed how heavily the criminal justice system is loaded against victims. Ash + Salt is a raw and powerful account of healing and thriving after sexual assault. Armed with courage and brazen candour, Sarah takes you through her own story to reveal the experience of a survivor. She offers the tools to survive the assault, its aftermath and the trial, and charts the path back to recovery. Because while ash marks the place of devastation, it is also the fertile soil from which new life can grow. This is a book for everyone – not just survivors, but their families, friends and colleagues too. Sexual assault affects us all, regardless of background or gender. It is one woman's personal testimony, but it is also a call to arms. The time to speak up is now.
