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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Contents

Background to Rape Reform
1
Legal Change Sweeps the Nation
12
Failures and Successes
28
Avenues for and Attitudes About Victims
50
The Legal Landscape
62
Affirmative Consent Reform Models
75
Consent and Voluntariness AgreementNonconsent
96
Presumptive Nonagreement
119
Sexual Assault Under Duress and Fraud
184
Outline of the Model Array
203
Discussion of the Model Array
213
Advantages of a Paradigm Shift
240
Recommendations Complementing the Model Rape Law
257
Social Institutions Structures and Processes
279
Notes
291
References
317

Mens Rea
138
Applying Recklessness and Negligence
154
Defenses
169

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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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