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This text is fully updated to included abolition of the martial rape exemption, changes in the law on anonymity, sexual history evidence, procedural developments contained in the Youth Justice and Criminal Evidence Act 1999, and male rape.
This text is fully updated to included abolition of the martial rape exemption, changes in the law on anonymity, sexual history evidence, procedural developments contained in the Youth Justice and Criminal Evidence Act 1999, and male rape.
This book evolved from our interest in rape as feminists and as sodal sdentists. As feminists, we were concemed about the treatment of rape victims and the attrition in rape cases under traditional rape law, and we welcomed legal reforms designed to improve the situation. As sodal sdentists, we wondered about the efficacy of legal changes aimed at an inherently resistant court system. We also were curious about the lack of studies examining the impact of these changes; we were particularly surprised to find that no one had attempted to ana lyze the impact of the reforms in more than one jurisdiction. Con vinced that untangling the effects of the reforms from the effects of contextual factors required a multijurisdictional study, we deeided to undertake the project. We quickly discovered that evaluating rape law reform in several jurisdictions would be no easy task. We had deeided that such an evaluation would require monthly data on the outcome of rape cases before and after the reforms were implemented, as weIl as qualitative data on the attitudes of criminal justice officials toward the reforms. Because states do not generate monthly data on case outcomes, we would have to collect the data ourse1ves from court records main tained by individual jurisdictions. To obtain an adequate number of cases for the time-series analysis, we would have to select our sites from large urban jurisdictions scattered throughout the United States.
This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.
Cassia Spohn and Katharine Tellis assess the criminal justice system¿s response to sexual assault, exploring the complex dynamics that shape the actions of police and prosecutors. The authors draw on unparalleled access to Los Angeles detectives, prosecutors, and case files to make sense of the factors that affect the outcomes of sexual assault claims. Following cases from victim report, to police investigation, to the decision to charge¿or not to charge¿they provide new insights into why shockingly few sexual assault claims lead to an eventual criminal conviction.
Describes recent reforms adopted in some jurisdictions, such as protecting the anonymity of the victim & allowing complainants to report sexual assault even when the victim chooses not to press charges. Law enforcement officials & district attorneys have worked to support compensation for victims & also have created victim-witness advocate positions to help victims navigate the criminal justice process & speed their recovery. Contains a glossary, resources, & tables.