Sentencing Rape


Book Description

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.




Discretion, Discrimination and the Rule of Law


Book Description

""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--




Changes in Rape Offences and Sentencing


Book Description

The numbers of recorded offences of rape in England and Wales have increased greatly over the last decade. This report investigates such questions as: is there a greater proportion of violent rapes; are there more rapes of the very old or the very young; and has there been an increase in rapes committed by offernders previously known to the victim? The report considers how far changes in rape sentencing have reflected changes in the nature of the offence and concludes that sentencing became more severe during the period under review.




Rape on Trial


Book Description

First published in 1987, Rape on Trial investigates the impact of the Sexual Offences (Amendment) Act, 1976 and considers the treatment of rape victims by the courts in United Kingdom. Extracts from trials are used extensively, and the author examines in particular: how the anonymity provisions have worked out in practice; how far the victim’s previous sexual history is brought up in court; how far she is held to be responsible for her victimisation; ways in which the validity of her complaint is questioned in court; and defence strategies to present her as a legitimate victim. Also included are a critical discussion of the controversial question of sentencing for rape, and new proposals for legislative and procedural change. Extremely pertinent to current times, this book will be of interest to students of law, criminology, sociology as well as to any concerned citizen.




Taking the Stand


Book Description

Rape is one of the most under-reported crimes in the U.S., and yet it is one of the most vicious, devastating, and violent of all crimes. But getting justice for victims has not always been easy. Often the victim is criminalized, demonized, sexualized, or otherwise attacked for her own part in the rape. But over the years, laws have changed and prosecuting rapists has become more common. Taking the Stand describes the criminal prosecution of rapists from the perspective of the women who survived their violence and explores if, when, and how the criminal justice process can work for them. Walking through the various responses rape victims have had to the criminal justice process, Konradi's vivid analysis provides new information to help raped women decide whether and how they should participate in prosecution, to help friends and family assist them, and to improve criminal justice practice for crime victims generally. Taking the Stand follows 47 rape survivors of varied ages and ethnicities, from the terror and trauma of rape through reporting to law enforcement, police investigation and indictment, hearings for probable cause and trials, plea bargaining, and sentencing. It focuses on women's experiences throughout the process and demonstrates how every experience is different. The problems that rape survivors face in the criminal justice process are not simply the result of the adversarial nature of court, defense tactics, or their own emotional reactions to violent sexual domination. Problems emerge from: (1) the social networks in which survivors are situated, (2) their variable access to emotional and financial resources, (3) their lack of knowledge about the formal and informal practices of courtrooms, (4) their lack of structural power in the criminal justice process, and (5) standard procedures employed by prosecutors and police. By recognizing individual differences in rape survivors, and their rape experiences, criminal justice personnel can better serve victims, and by understanding the layers of criminal investigation and prosecution, survivors and their families can play a more active role on their own terms in an effort to bring about justice. A rape survivor herself, Konradi exposes in the raw language of the victims the very sensitive nature of the topic and the personal obstacles survivors face. By addressing each stage of the criminal justice process, she makes it easier for those who seek justice to make decisions and choose behaviors that will positively affect their outcomes and their personal experiences with the system.




Sentencing Rape


Book Description

Sentencing Rape : An Introduction to the Study -- The Seriousness of Rape and the Victim's Role in Sentencing -- Technology-Facilitated Sexual Violence and Image-Based -- Sexual Abuse : the Filming of Rape and Sexual Assault -- From Guidance to Guidelines : Rape Sentencing in England and Wales -- A 'Radically Different' Approach : Rape Sentencing in Scotland -- Proportionality and Individualised Justice : Rape Sentencing in the Republic of Ireland -- 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm' : Rape Sentencing in New Zealand and South Africa -- Principled Discretion in Rape Sentencing.




Rape


Book Description

Rape: The Misunderstood Crime is an excellent resource for professionals and students of psychology, sociology, education, social work, criminal justice, and law who seek to dispel "rape myths" and wish to better understand the nature and dynamics of both the rapist and the victim.







The Use of Victim Impact Statements in Sentencing for Sexual Offences


Book Description

Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.




Wrongful Conviction in Sexual Assault


Book Description

"Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-Familial Child Sexual Assaults examines the phenomenon of innocent defendants who are convicted of rape and related sexual offenses. It presents findings that indicate sexual offenses are highly over represented among confirmed wrongful convictions. Drawing from Innocence Project and National Registry of Exoneration data and supplemented by social science and historical sources, the investigation explores various processes that lead to wrongful conviction, distinguishing the differential risk of wrongful conviction among stranger rape, acquaintance rape, and intra-familial child sexual assault. The book includes reference to established research on false confessions, eye witness mis-identification, erroneous expert and informant testimony, DNA evidence, racial bias, and 'manufactured' evidence. The work also introduces new terms and concepts (such as 'black box' investigation methods, the stranger rape thesis, the moral outrage - moral correction process, 'spontaneous mis-identification', victim status paths, the differential investigation challenge related to capable vs incapacitated rape victims, and the role of serial sexual offending in wrongful conviction) to clarify and illustrate unique aspects of wrongful conviction in sexual assault"--