Addressing Rape Reform in Law and Practice

Framhli­ kßpu
Columbia University Press, 2009 - 347 sÝ­ur
0 Gagnrřni

The first comprehensive book on rape since Susan Brownmiller's Against Our Will and Susan Estrich's Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform in the United States, as well as Australia, Britain, Canada, and New Zealand, and assesses alternative perspectives on rape reform, making use of theoretical models, court cases and statistical data. She uniquely delineates a creative model for change while addressing the discretion that undermines efforts at change. This includes charging the accused and plea bargaining, confronting a lack of transparency and accountability in implementing law, and acquiring funding for such changes.

 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Efni

Background to Rape Reform
1
Extant Models of Reform
2
Building from Prior Models
4
Reforming Rape Reforms
5
Political Climate and Backlash
10
Legal Change Sweeps the Nation
12
Overall Change
13
Violence and Deviate or Criminal Sexual Conduct and Sexual Assault
17
Negligence
140
Estrich and the Logic of Negligent Culpability
142
Pitfalls with Negligence
144
Premeditation Recklessness Negligence and Rape
146
Summary
152
Applying Recklessness and Negligence
154
Taking Advantage of the Redundancy in Proof of Mens Rea in Nonagreement and ForceCoercion
160
A Womans Point of View for a Change
163

Other Legal Changes
18
Reforms in Canada England and Wales Australia and New Zealand
21
Other VictimOriented Developments
23
Extralegal Developments
26
Summary
27
Failures and Successes
28
Requirements
29
Enhancements in Criminal Justice Processing
34
Comparability to Other Crimes
37
Redefinitions Successes and Failures
38
Other Legal Provisions
39
Successes and Failures in Reform Laws Abroad
44
Avenues for and Attitudes About Victims
50
Victims Rights
54
Community Registration and Notification
55
Extralegal Developments
56
A Recapitulation
60
The Legal Landscape
62
Patriarchy as Context
63
Nonconsent ForceCoercion and Intent
66
Strict Liability
67
The Consent Defense and Early Reform Problems
68
Reform Establishing Negligent Responsibility
70
Summary
74
Affirmative Consent Reform Models
75
New Jerseys Law
76
Combining Affirmative Consent and Strict Liability
82
Beyond Affirmative Consent
88
Summary
95
Consent and Voluntariness AgreementNonconsent and Involuntariness Nonagreement
96
A Continuum
99
A Line in the Sand
101
Implicit Coercion and Consent
102
Changing Consent to Voluntariness Agreement and Nonconsent to Involuntariness Nonagreement
109
Changing the Defense of Consent to the Defense of Voluntariness Agreement
111
Definition of Voluntariness Agreement
112
Statutory Specification
113
Statutory Specification
114
Summary
117
Presumptive Nonagreement
119
Presumptive Nonagreement
120
She Said No He Heard Yes OK Sure Fine
124
Women Mean What They Say and Say What They Mean
126
Aggravating Forceful or Coercive Conditions
129
A Reasonable Womans Point of View for a Change
132
Summary
136
Mens Rea
138
No Until Proven Yes
165
Summary
167
Defenses
169
Shifting the Burden of Production
170
Shifting the Burden of Proof
171
Shes a Liar and Im a Blunderer Defenses
174
Defenses Unavailable and Due Notice
180
A Note on Past Sexual History Evidence and the Liar and Blunderer Defenses
182
Summary
183
Sexual Assault Under Duress and Fraud
184
Sexual Assault Under Nonviolent Duress
186
Sexual Assault by Fraud Guile or Deceit
195
A Reasonable Womans Point of View
198
Making the Changes Tenable
199
Summary
202
Reforming Rape Reforms Outline of the Model Array
203
Crime Considerations
206
Victim Considerations
208
Offender Considerations
210
Summary
212
Discussion of the Model Array
213
Crime Considerations
214
Victim Considerations
217
Offender Considerations
224
Defense Considerations
226
Application of the Model Array
231
Advantages of a Paradigm Shift
240
The Model for Reforming Rape Reforms
245
Political Climate and Backlash
252
Political Will
254
Recommendations Complementing the Model Rape Law
257
Victims Rights
258
Police and Prosecutors
262
Plea Bargaining
263
Jurors
266
Judges
268
Compliance
269
Equal Protection?
274
Lessons from Abroad
276
Moving Forward Social Institutions Structures and Processes
279
Education
282
Conclusions
284
Notes
291
References
317
Index
331
H÷fundarrÚttur

A­rar ˙tgßfur - View all

Common terms and phrases

Um h÷fundinn (2009)

Susan Caringella is a professor in the Department of Sociology, Criminal Justice Program, and of Gender and Women's Studies at Western Michigan University. An internationally renowned expert on rape, feminism, and criminology, she is deputy editor of the Journal of Women and Criminal Justice and an editorial board member for the Journal of Violence Against Women and Feminist Criminology.

BˇkfrŠ­ilegar upplřsingar