Addressing rape reform in law and practice
"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."--Jacket
xv, 347 pages ; 24 cm
9780231134248, 9780231134255, 9780231508759, 023113424X, 0231134258, 0231508751
226360289
Background to rape reform
Legal change sweeps the nation
Failures and successes
Avenues for and attitudes about victims
The legal landscape
Affirmative consent reform models
Consent and voluntariness, agreement/nonconsent and involuntariness, nonagreement
Presumptive nonagreement
Mens Rea
Applying recklessness and negligence
Defenses
Sexual assault under duress and fraud
Reforming rape reforms : outline of the model array
Discussion of the model array
Advantages of a paradigm shift
Recommendations complementing the model rape law
Moving forward : social institutions, structures, and processes