Rethinking Rape Law International and Comparative Perspectives 1st Edition By Clare McGlynn, Vanessa Munro ISBN 0203852192 9780203852194
Original price was: $50.00.$35.00Current price is: $35.00.
Rethinking Rape Law International and Comparative Perspectives 1st Edition by Clare McGlynn, Vanessa Munro – Ebook PDF Instant Download/Delivery: 0203852192, 9780203852194
Full download Rethinking Rape Law International and Comparative Perspectives 1st Edition after payment
Product details:
ISBN 10: 0203852192
ISBN 13: 9780203852194
Author: Clare McGlynn, Vanessa Munro
Rethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. It is destined to become the primary source for scholarly work and debate on sexual offences laws.
Rethinking Rape Law International and Comparative Perspectives 1st Table of contents:
Part I Conceptual and theoretical engagements
Chapter 1 From consent to coercion
FROM COERCION TO CONSENT, AND BACK AGAIN?
‘Consent-plus’: toward a more adequate conception of consent
CONSENT AND COERCION IN TIMES OF ‘PEACE’
CONCLUSION
Bibliography
Chapter 2 Rethinking the criminal law’s response to sexual penetration
ENGAGING IN SEXUAL PENETRATION CALLS FOR JUSTIFICATION
Argument 1: physiology and force
Argument 2: harm and risks of harm
Argument 3: social meaning
CONSENT DOES NOT FULLY JUSTIFY SEX
Requesting v consenting
What consent does do and how it does it
WHAT DOES JUSTIFY SEXUAL PENETRATION?
PRINCIPLES OF CRIMINALIZATION
FROM THEORY TO CONTEXT: PROSTITUTE-USE
CONCLUSION
Bibliography
Part II International and regional perspectives
Chapter 3 International criminal law and sexual violence
INTERNATIONAL LAW AND INTERNATIONAL CRIMINAL LAW
NUREMBERG
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY)
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)
THE SPECIAL COURT FOR SIERRA LEONE (SCSL)
THE INTERNATIONAL CRIMINAL COURT (ICC)
CONCLUSION
Bibliography
Chapter 4 Learning our lessons?
DEFINING THE RECORD
AND THEN THERE WERE NONE: WHAT WENT WRONG IN RAPE PROSECUTIONS?
(RE)READING THE RECORD
CONCLUSION
Notes
Bibliography
Chapter 5 The force of shame
THE FUNCTIONS OF SHAME
Doctrinal function
Procedural function
ATTACKING SHAME AND STIGMA
International criminal justice and the redistribution of shame
Justice and economic (re)distribution
Anti-stigmatization efforts of HIV/AIDS activists
Rape victims as political actors and combatants
CONCLUSION
Notes
Bibliography
Chapter 6 Everyday rape
FEMINIST NARRATIVES
MAJOR DEVELOPMENTS RELATING TO VIOLENCE AGAINST WOMEN AND HUMAN RIGHTS
DEFINING RAPE AND VIOLENCE AGAINST WOMEN
STATE RESPONSIBILITY AND DUE DILIGENCE
CONCLUSION
Notes
Bibliography
UN documents (in date order)
Chapter 7 Defining rape under the European Convention on Human Rights
DEFINING THE NATURE OF THE VIOLATION
Sexual violence and state actors
Sexual violence by private individuals
Torture and discriminatory purposes
The effects of positive duties on the processing and prosecuting of rape cases
CONSENT AND THE ECHR: CONSENT v COERCION?
BOLSTERING EQUALITY WITHIN CONVENTION JURISPRUDENCE
Article 14 ECHR as a source of ‘equality jurisprudence’
Protocol 12 ECHR as a source of ‘equality jurisprudence’
CONCLUSIONS
Bibliography
Chapter 8 Rape law reform in Africa
OUTLINE OF THE AFRICAN2 CONTEXT
THE AFRICAN WOMEN’S PROTOCOL
Background: reasons for drafting the protocol
Overview of contents
Enforcement mechanisms
Assessment of the African Women’s Protocol
Gender-related instruments: advances at sub-regional level
Great Lakes Protocol on the Prevention and Suppression of Sexual Violence against Women and Children
SADC Protocol on Gender and Development
THE POTENTIAL IMPACT OF RECENT DEVELOPMENTS ON RAPE LAW REFORM IN AFRICA
CONCLUSION
Notes
Bibliography
Part III National perspectives
Chapter 9 Feminist activism and rape law reform in England and Wales
FEMINIST ACTIVISM AND RAPE LAW REFORM
THE SEXUAL OFFENCES ACT 2003: DEFINING AND UNDERMINING CONSENT
From honest to reasonable belief: plus ça change?
Child rape: from strict liability to ‘implied’, ‘ostensible’ and ‘genuine’ consent
Intoxication, capacity and consent
CONCLUSIONS
Notes
Bibliography
Chapter 10 All change or business as usual?
THE COMMON LAW OF RAPE IN SCOTLAND
The actus reus
The mens rea
Corroboration
THE SEXUAL OFFENCES (SCOTLAND) ACT 2009
A new and improved actus reus?
Penetration of what?
Penetration by what?
Women as perpetrators?
Rape by an object?
Consent
Mens rea: recklessness, mistakes and reasonable steps
CONCLUDING THOUGHTS: THE ROAD TO REFORM NEVER RUNS SMOOTH…
Notes
Bibliography
Chapter 11 Rethinking Croatian rape laws
HISTORICAL AND POLITICAL CONTEXT
POLICY CONTEXT
CRITICAL ANALYSIS OF CURRENT LAW
Definition of the actus reus of rape
Sexual intercourse or an equivalent sexual act
Force or the threat of force (resistance and consent)
Mens rea and a mistaken belief in consent
Penalties, and extenuating and aggravating circumstances
Rights of rape victims during criminal proceedings
CURRENT ISSUES
Classification and the central elements of rape
Mens rea and the mistaken belief in consent
The act of rape: ‘acts equivalent to sexual intercourse’
Rape myths, ‘victim contribution’ and the rights of victims in the proceedings
REFORM AND THE FUTURE
Notes
Bibliography
Chapter 12 Rape in Italian law
THE HISTORY OF REFORM
The previous law: the Rocco code of 1930
Italian feminism
THE NEW OFFENCE OF VIOLENZA SESSUALE (SEXUAL VIOLENCE)
Constituent elements of the offence: sexual violence by coercion
Sexual violence by induction
Gang rape
Minors
Procedural provisions
CONCLUSION
Note
Bibliography
Chapter 13 Rethinking rape law in Sweden
HISTORICAL AND POLITICAL CONTEXT
POLICY CONTEXT
THE CURRENT LAW OF RAPE
The sexual act
Coercion, consent and the legal treatment of victims
Exploitation
CURRENT ISSUES, REFORM AND THE FUTURE
Feminist legal critique
A feminist proposal
CONCLUSION
Note
Bibliography
Chapter 14 Canadian sexual assault law
HISTORICAL AND POLITICAL CONTEXT OF FEMINIST-INSPIRED SEXUAL ASSAULT LAW REFORMS
CONSENT IN CANADIAN LAW: INDIVIDUALIZATION, DECONTEXTUALIZATION AND THE UNEVEN DEVELOPMENT OF LAW
CURRENT ISSUES: NEOLIBERAL GOVERNANCE, THE DECLINE OF LAW REFORM AND THE EMPHASIS ON ENFORCEMENT
CONCLUSION
Note
Bibliography
Chapter 15 Rape, law and American society
GENERAL FEATURES OF THE US CRIMINAL JUSTICE SYSTEM
HISTORICAL AND POLITICAL CONTEXT
CRITICAL ANALYSES OF THE CURRENT LAW
CURRENT ISSUES
Bibliography
Chapter 16 Criminal law and the reformation of rape in Australia
THE SHAPE OF LAW REFORM
FROM SUBSTANTIVE LAW TO PROCEDURAL LAW
CONCLUSION
Note
Bibliography
Chapter 17 Reforming the law of rape in South Africa
CONTEXT OF RAPE IN SOUTH AFRICA
Context and prevalence
Attrition in the criminal justice system
Government policy and civil society responses
CURRENT LAW
Constitutional framework
Law reform process
Interpreting consent and coercion
CONCLUSIONS
Bibliography
Part IV New agendas and directions
Chapter 18 Independent legal representation for complainants in rape trials
THE FORM AND CHARACTERISTICS OF ILR
THE STRATEGIC PROPERTIES OF ILR
RAPE SHIELD LEGISLATION
RECOVERY OF PERSONAL RECORDS
Compatibility of ILR with human rights
CONCLUSION
Note
Bibliography
Chapter 19 Jury deliberation and complainant credibility in rape trials
DELIBERATION IN THE ABSENCE OF EDUCATIONAL GUIDANCE
Complainant demeanour
Delayed reporting
Resistance/injury
THE IMPACT OF EDUCATION
Complainant demeanour revisited
Delayed reporting revisited
Resistance/injury revisited
CONCLUSION
Bibliography
Chapter 20 The mythology of male rape
INTRODUCTION: MALE RAPE AS A SOCIAL AND LEGAL ISSUE
RESEARCH DESIGN
SOME THEMES IN FOCUS GROUP DISCUSSIONS
Expectation of physical injury and resistance
Contextualizing the scenario: intoxication, sexuality and positioning
SOME POSSIBLE IMPLICATIONS
CONCLUSION
Bibliography
Chapter 21 Violence against women in South Asian communities in the UK
CONTEXT AND BACKGROUND
THE CASE OF ZOORA SHAH
AGENCY, JUSTICE AND CULTURE
CONCLUSION
Notes
Bibliography
Chapter 22 Sexual assault of women with mental disabilities
CANADIAN LEGISLATIVE HISTORY
NON-CONSENT IN CANADIAN CRIMINAL LAW
Voluntary consent
Incapacity to consent
People also search for Rethinking Rape Law International and Comparative Perspectives 1st:
Criminal justice and sexual offenses
Victim rights in sexual offense cases
Gender-based violence
Legal definitions of rape
Rape myths and the law
Tags: Clare McGlynn, Vanessa Munro, Rape Law, Comparative Perspectives