Addressing Rape Reform in Law and Practice

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Columbia University Press, 2009 - Law - 347 pages
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The first comprehensive book on rape since Susan Brownmiller's Against Our Will and Susan Estrich's Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform in the United States, as well as Australia, Britain, Canada, and New Zealand, and assesses alternative perspectives on rape reform, making use of theoretical models, court cases and statistical data. She uniquely delineates a creative model for change while addressing the discretion that undermines efforts at change. This includes charging the accused and plea bargaining, confronting a lack of transparency and accountability in implementing law, and acquiring funding for such changes.

 

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Explore scholarly, scientific reviews [instead of erroneous, mis-taken commentary such as that below] in top professional [and anonymous peer-reviewed] journals/publications. The following provides several examples from reviews on the book jacket as well as journal articles/reviews as a starting point.
"A very important contribution to an even more important debate: What happened to the rape reform movement? What went wrong, what went right, and why does it seem like we did so much and accomplished so much less? Anyone seeking to answer these questions-and many of us should try-will find Susan Caringella's careful and thoughtful analysis a must-read starting point in a reinvigorated effort to address the continuing challenges posed by the reality of rape and the difficulties encountered in the efforts of the criminal justice system to address it." — Susan Estrich, Robert Kingsley Professor of Law and Political Science, University of Southern California, and author of Real Rape and the Case for Hillary Clinton
"No other book offers such a new way of thinking about rape reform. Susan Caringella is well known for producing scholarly work that meets the highest disciplinary standards, and her latest offering is yet another important contribution to understanding one of North America's most compelling social problems. Most important, Caringella offers a progressive but pragmatic rape reform model that addresses broader patriarchal forces while simultaneously being 'more viable' and 'more palatable.' This book not only offers a new way of thinking about an ongoing problem, but also has the potential to improve societal reactions to the pain and suffering caused by a brutal form of abuse." — Walter S. DeKeseredy, University of Ontario Institute of Technology, and coauthor of Sexual Assault on the College Campus: The Role of Male Peer Support
"Every now and then, a person reads a book and comes away feeling like something big is going to happen. I am stunned by the careful, painstaking research that went into this work as well as the reflective thought that took place. Caringella strikes just the right balance between scholarship and education. This book proposes a much-needed legislative and social change. Feminist activists and academics must read it." — Claire M. Renzetti, University of Dayton, and editor of Violence Against Women: An International, Interdisciplinary Journal
Book Review: Susan Caringella Addressing Rape Reform in Law and Practice. New York: Columbia University Press, 2008. 368 pp. $29.50. (paperback). ISBN 9780231134255
by P J Falk
Publication: Violence Against Women, v16 n3 (20100204): 355-362
Book Review: Susan Caringella, Addressing Rape Reform in Law and Practice, Columbia University Press: New York, 2009; 347 pp.: 9780231134255
by L S Chancer
Publication: Theoretical Criminology, v14 n4 (20101123): 534-537
Book Review Addressing Rape Reform in Law and Practice . By Susan Caringella . New York: Columbia University Press, 2009.
by Maria Bevacqua
Publication: Signs: Journal of Women in Culture and Society, v35 n3 (201003): 768-770
Book Review Addressing Rape Reform in Law and Practice . By Susan Caringella. New York: Columbia University Press, 2009.
by Martin D. Schwartz
Publication: Critical Criminology and DivisioNews, Division of Critical Criminoogy and Division on Women and Crime, American Society of Criminology. Summer 2010
 

Contents

Background to Rape Reform
1
Extant Models of Reform
2
Building from Prior Models
4
Reforming Rape Reforms
5
Political Climate and Backlash
10
Legal Change Sweeps the Nation
12
Overall Change
13
Violence and Deviate or Criminal Sexual Conduct and Sexual Assault
17
Negligence
140
Estrich and the Logic of Negligent Culpability
142
Pitfalls with Negligence
144
Premeditation Recklessness Negligence and Rape
146
Summary
152
Applying Recklessness and Negligence
154
Taking Advantage of the Redundancy in Proof of Mens Rea in Nonagreement and ForceCoercion
160
A Womans Point of View for a Change
163

Other Legal Changes
18
Reforms in Canada England and Wales Australia and New Zealand
21
Other VictimOriented Developments
23
Extralegal Developments
26
Summary
27
Failures and Successes
28
Requirements
29
Enhancements in Criminal Justice Processing
34
Comparability to Other Crimes
37
Redefinitions Successes and Failures
38
Other Legal Provisions
39
Successes and Failures in Reform Laws Abroad
44
Avenues for and Attitudes About Victims
50
Victims Rights
54
Community Registration and Notification
55
Extralegal Developments
56
A Recapitulation
60
The Legal Landscape
62
Patriarchy as Context
63
Nonconsent ForceCoercion and Intent
66
Strict Liability
67
The Consent Defense and Early Reform Problems
68
Reform Establishing Negligent Responsibility
70
Summary
74
Affirmative Consent Reform Models
75
New Jerseys Law
76
Combining Affirmative Consent and Strict Liability
82
Beyond Affirmative Consent
88
Summary
95
Consent and Voluntariness AgreementNonconsent and Involuntariness Nonagreement
96
A Continuum
99
A Line in the Sand
101
Implicit Coercion and Consent
102
Changing Consent to Voluntariness Agreement and Nonconsent to Involuntariness Nonagreement
109
Changing the Defense of Consent to the Defense of Voluntariness Agreement
111
Definition of Voluntariness Agreement
112
Statutory Specification
113
Statutory Specification
114
Summary
117
Presumptive Nonagreement
119
Presumptive Nonagreement
120
She Said No He Heard Yes OK Sure Fine
124
Women Mean What They Say and Say What They Mean
126
Aggravating Forceful or Coercive Conditions
129
A Reasonable Womans Point of View for a Change
132
Summary
136
Mens Rea
138
No Until Proven Yes
165
Summary
167
Defenses
169
Shifting the Burden of Production
170
Shifting the Burden of Proof
171
Shes a Liar and Im a Blunderer Defenses
174
Defenses Unavailable and Due Notice
180
A Note on Past Sexual History Evidence and the Liar and Blunderer Defenses
182
Summary
183
Sexual Assault Under Duress and Fraud
184
Sexual Assault Under Nonviolent Duress
186
Sexual Assault by Fraud Guile or Deceit
195
A Reasonable Womans Point of View
198
Making the Changes Tenable
199
Summary
202
Reforming Rape Reforms Outline of the Model Array
203
Crime Considerations
206
Victim Considerations
208
Offender Considerations
210
Summary
212
Discussion of the Model Array
213
Crime Considerations
214
Victim Considerations
217
Offender Considerations
224
Defense Considerations
226
Application of the Model Array
231
Advantages of a Paradigm Shift
240
The Model for Reforming Rape Reforms
245
Political Climate and Backlash
252
Political Will
254
Recommendations Complementing the Model Rape Law
257
Victims Rights
258
Police and Prosecutors
262
Plea Bargaining
263
Jurors
266
Judges
268
Compliance
269
Equal Protection?
274
Lessons from Abroad
276
Moving Forward Social Institutions Structures and Processes
279
Education
282
Conclusions
284
Notes
291
References
317
Index
331
Copyright

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About the author (2009)

Susan Caringella is a professor in the Department of Sociology, Criminal Justice Program, and of Gender and Women's Studies at Western Michigan University. An internationally renowned expert on rape, feminism, and criminology, she is deputy editor of the Journal of Women and Criminal Justice and an editorial board member for the Journal of Violence Against Women and Feminist Criminology.

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