Addressing Rape Reform in Law and PracticeColumbia University Press, 2009 - 347 síður 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. |
Efni
Background to Rape Reform | 1 |
Legal Change Sweeps the Nation | 12 |
Failures and Successes | 28 |
Avenues for and Attitudes About Victims | 50 |
The Legal Landscape | 62 |
Affirmative Consent Reform Models | 75 |
Consent and Voluntariness AgreementNonconsent | 96 |
Presumptive Nonagreement | 119 |
Sexual Assault Under Duress and Fraud | 184 |
Outline of the Model Array | 203 |
Discussion of the Model Array | 213 |
Advantages of a Paradigm Shift | 240 |
Recommendations Complementing the Model Rape Law | 257 |
Social Institutions Structures and Processes | 279 |
Notes | 291 |
| 317 | |
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Common terms and phrases
accused act(s affirmative consent affirmative defense aggravating conditions agreement alleged and/or arguing assault under duress behavior belief burden charges Clery Act coercion coercive consent defense conviction corroboration court crime of rape criminal justice criminal responsibility culpability date rape defendant’s defined definitions Estrich example federal feminist force/coercion fraud harm indicate injury intent involuntariness involved issue jurisdictions jurors jury instructions Kadish and Schulhofer Kinports Kobe Bryant legislation male means mens rea ment Michigan Model Penal Code nonconsent past sexual penetration physical Pineau plea bargaining point of view police presumptive nonagreement problem proof prosecution prosecutors provides rape and sexual rape law rape reform rape victims reasonable mistake recognized reform laws requirement resistance Schulhofer 2001 Schulhofer’s sex acts sexual activity sexual assault sexual autonomy sexual penetration specific standard statute statutory rape strict liability threats tion types of rape unreasonable VAWA victim consent victim’s violence against women woman