Addressing Rape Reform in Law and PracticeColumbia University Press, 20. nóv. 2008 - 368 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. |
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accused act(s affirmative consent affirmative defense aggravating conditions agreement alleged and/or argued assault under duress attitudes behavior belief burden charges Clery Act coercion consent defense conviction corroboration court crime of rape criminal justice criminal responsibility culpability date rape defined definitions Estrich example federal feminist force/coercion fraud harm implied consent indicate injury intent involuntariness involving issue jurisdictions jurors jury instructions Kadish and Schulhofer Kinports Kobe Bryant legislation male means mens rea Michigan mistake of consent Model Penal Code nonaggravated nonconsent penetration physical Pineau plea bargaining point of view police presumptive nonagreement problems proof prosecution prosecutors provides rape and sexual rape law rape reform rape victims reasonable mistake recognized Schulhofer 2001 Schulhofer's sex acts sexual activity sexual assault sexual autonomy sexual penetration simple rape specific standard statute statutory rape strict liability threats types of rape unreasonable VAWA victim consent Violence Against Women woman woman's point