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Sexual Assault and the Justice Gap


ISBN13: 9781841136707
Published: April 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £64.99



Despatched in 5 to 7 days.

This book is set against the background of the so-called 'justice gap' in sexual assault cases. It represents an interdisciplinary attempt to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from both socio-legal and social cognition research examining the impact of rape-related attitudes on judgements about sexual offences.

It presents new qualitative data from interviews with judges and barristers. and includes new experimental studies that illustrate how stereotypic beliefs about rape affect perceptions of victim blame and perpetrator culpability. The final part of the book discusses strategies to suppress the impact of rape stereotypes and promote the data-driven appraisal of sexual assault complaints.

Subjects:
Criminal Law
Contents:
PART I THE BACKGROUND
1. The Justice Gap in Sexual Assault Cases
1.1 THE PROBLEM OF ATTRITION
1.2 THE LEGAL BACKGROUND
1.3 SUMMARY AND CONCLUSIONS
2. Stereotypes, Myths and Heuristics in the Perception of Sexual Assault
2.1 THE 'REAL RAPE' STEREOTYPE
2.2 RAPE MYTHS AND NEGATIVE ATTITUDES ABOUT RAPE VICTIMS
2.3 RAPE STEREOTYPES AND POLICE RESPONSES TO RAPE COMPLAINTS
2.4 THE ATTRIBUTION OF BLAME TO VICTIMS OF RAPE
2.5 HEURISTICS IN THE PROCESS OF DECISION-MAKING ABOUT SEXUAL ASSAULT
2.6 SUMMARY AND CONCLUSIONS
3. The Problem of the Jury in Sexual Assault Trials
3.1 THE METHODOLOGY OF JURY STUDIES
3.2 DEALING WITH THE EVIDENCE
3.3 THE ROLE OF EXPERT TESTIMONY
3.4 THE JUDGE'S SUMMING-UP AND NON-VERBAL CUES
3.5 REACHING A VERDICT
3.6 SUMMARY AND CONCLUSIONS
PART II NEW EVIDENCE
4. A Question of Attitude: Prospective Lawyers
4.1 STUDY 1: UNDERGRADUATE LAW STUDENTS AND THE REAL RAPE STEREOTYPE
4.2 STUDY 2: SCHEMATIC PROCESSING BY VOCATIONAL LAW STUDENTS
5. A Question of Attitude: The General Public
5.1 STUDY 3: EXPLORING SCHEMATIC PROCESSING BY MEMBERS OF THE PUBLIC
5.2 STUDY 3: EVALUATING A RAPE-AWARENESS POSTER CAMPAIGN
5.3 GENERAL DISCUSSION AND CONCLUSIONS FROM THE THREE STUDIES
6. Rape, Rape Trials and the Justice Gap: Some Views from the Bench and Bar
6.1 METHODOLOGY OF THE INTERVIEW STUDY
6.2 THE PERCEIVED PROBLEMS
6.3 ATTITUDES TOWARDS RAPE AND THE JUSTICE GAP
6.4 SUMMARY AND CONCLUSIONS
7. Judges, Barristers and the Evidential Law in Action in Rape Cases
7.1 CORROBORATION
7.2 SEXUAL HISTORY
7.3 THIRD PARTY DISCLOSURE
7.4 SUMMARY AND CONCLUSIONS
PART III SOME POSSIBLE SOLUTIONS
8. Law Reform
8.1 EVIDENTIAL ISSUES
8.2 CONSENT AND INTOXICATION
8.3 SUMMARY AND CONCLUSIONS
9. Improving Rape Trials
9.1 ABOLISHING THE JURY IN SEXUAL ASSAULT CASES
9.2 SCREENING AND SELECTING JURORS
9.3 ASSISTING THE JURY
9.4 MAKING THE JURY ACCOUNTABLE
9.5 EDUCATING LEGAL PROFESSIONALS
9.6 APPOINTMENT OF MORE FEMALE JUDGES?
9.7 SUMMARY AND CONCLUSIONS
10. Changing Public Attitudes
10.1 RAPE PREVENTION PROGRAMMES FOR COLLEGE STUDENTS
10.2 SCHOOL-BASED INTERVENTIONS
10.3 EDUCATING THE GENERAL PUBLIC ABOUT RAPE: USING THE MEDIA
10.4 CHANGING NORMS ABOUT SEXUAL AGGRESSION
10.5 SUMMARY AND CONCLUSIONS
11. Conclusion

Series: Hart Criminal Law Library

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The Presumption of Innocence: Evidential and Human Rights Perspectives ISBN 9781849460361
Published June 2010
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Homicide Law in Comparative Perspective
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ISBN 9781841136967
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Fair Trials: The European Criminal Procedural Tradition and the ECHR ISBN 9781841137308
Published August 2007
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Self-Defence in Criminal Law ISBN 9781841136073
Published July 2006
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