A study of how rape stereotypes are used by defence lawyers to gain acquittals in the USA. The author also presents reform proposals, consistent with feminist theories of justice, designed to improve both the American adversary system in general and the way in which the system handles rape cases.

A study of how rape stereotypes are used by defence lawyers to gain acquittals in the USA. The author also presents reform proposals, consistent with feminist theories of justice, designed to improve both the American adversary system in general and the way in which the system handles rape cases.

This book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.

This book explores the shortcomings of the criminal justice system’s response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of ‘rape myths’ and the presence of an ‘implementation gap’ whereby policies, provisions and measures — proposed in order to improve the system’s response — are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

This book interrogates the process of court reporting on rape and other sexual crime cases involving Australian footballers. At the intersection of sport, gender, media and the law, it uncovers the story behind rape myths and stereotypes in media. This book analyses newspaper reporting alongside transcripts of the trials they represent and interviews with the journalists themselves. Waterhouse-Watson’s work maps structural factors within newsrooms, and the complex relationship between the judiciary and media, that affect the practice of court reporting. This book approaches key journalism concepts like objectivity and balance critically, illustrating the layers of mediation that surround a complainant’s testimony; the way sport shapes the meaning of courtroom and media narratives in these cases; and the tension between racism and sexism when race is thematised or otherwise highlighted. Ultimately, the book proposes an ethics of court reporting that protects individual complainants, as well as advancing public understandings of the crime.

Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

On January 14, 1806, Sidney Hanson was raped by John Deskins on a rough gravel path in the woods in Tazewell County, Virginia. In the early nineteenth century, trials for rape were rare. Scanty court records typically lacked the detail needed to reconstruct the lives of those involved and evaluate the social and physical setting of the crime. Yet the events on that fateful day in 1806 would be the exception. In A Rape in the Early Republic, Randal L. Hall reproduces the complete trial testimony of Alexander Smyth, the prosecutor for Hanson's trial. Smyth's detailed record offers a revealing glimpse into how early rape cases moved through the legal system, first at the local level and then in the state's recently created district court system. It also shows that Deskins was not the only one on trial -- Hanson's character was being scrutinized as well. Hall's introduction, rather than offering an analysis of Smyth's documents, provides important context and highlights historical themes that Hanson's situation illustrates. Featuring classroom discussion ideas and a list of suggested reading, A Rape in the Early Republic will be a valuable resource for students and scholars as well as anyone interested in gender, law, and society in the early republic.

This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex. Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.

This book critically examines the last few decades of discussion around sex and violence in the media, on social media, in the courtroom and through legislation. The discursive struggles over what constitutes "sexual violence", "victims" and "offenders" is normally determined through narratives: a selective ordering of events and participants. Centrally, the book investigates the social processes involved in the telling of stories of rape and its political implications. From a multidisciplinary feminist perspective, this volume explores what narratives about sexual violence are deemed legitimate at this historical juncture. This volume brings together feminist scholars working in a wide variety of disciplines including law, legal studies, history, gender studies, ethnology, media, criminology and social work from across the globe. Through situated empirical work, these scholars seek to understand currents movements between the criminal justice system and the cultural imagination.

NATIONAL BESTSELLER • “A devastating exposé of colleges and local law enforcement.... A substantive deep dive into the morass of campus sex crimes, where the victim is too often treated like the accused.” —Entertainment Weekly Missoula, Montana, is a typical college town, home to a highly regarded state university whose beloved football team inspires a passionately loyal fan base. Between January 2008 and May 2012, hundreds of students reported sexual assaults to the local police. Few of the cases were properly handled by either the university or local authorities. In this, Missoula is also typical. In these pages, acclaimed journalist Jon Krakauer investigates a spate of campus rapes that occurred in Missoula over a four-year period. Taking the town as a case study for a crime that is sadly prevalent throughout the nation, Krakauer documents the experiences of five victims: their fear and self-doubt in the aftermath; the skepticism directed at them by police, prosecutors, and the public; their bravery in pushing forward and what it cost them. These stories cut through abstract ideological debate about acquaintance rape to demonstrate that it does not happen because women are sending mixed signals or seeking attention. They are victims of a terrible crime, deserving of fairness from our justice system. Rigorously researched, rendered in incisive prose, Missoula stands as an essential call to action.