Addressing Rape Reform in Law and Practice

ISBN-10: 0231134258

ISBN-13: 9780231134255

Edition: 2009

Authors: Susan Caringella
Buy it from $36.25
eBook available
This item qualifies for FREE shipping

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

30 day, 100% satisfaction guarantee

If an item you ordered from TextbookRush does not meet your expectations due to an error on our part, simply fill out a return request and then return it by mail within 30 days of ordering it for a full refund of item cost.

Learn more about our returns policy

Description: Susan Caringella explores the legal definitions and prosecution of rape, especially date/acquaintance rape, deconstructing the myths and rhetoric used to blame the victim and presenting practical solutions to the problem of rape reform. Drawing on feminist and critical theory in sociology and criminology, as well as conservative and liberal theory in political science, this book assesses alternative models of rape reform, relying on concrete court cases and statistical data and the fascinating revelations of public opinion and attitude studies, which showcase the discrimination and humiliation rape victims face when they go public. Susan Caringella's painstaking, provocative, and highly readable research probes every aspect of rape law and the discrepancies between enacted and implemented law, or ideal law (on the books) and real law (law in action). She canvasses the success and failures of reform in the United States as well as Australia, Britain, Canada, and New Zealand, and uniquely delineates a creative alternative model for change, with an eye toward practicality. She further addresses the discretion that permeates criminal justice decision-making and undermines efforts at reform. These issues include charging the accused and plea bargaining; confronting a lack of transparency and accountability in implementing law; and acquiring funding for affecting change. Caringella writes the first comprehensive book on rape since Susan Brownmiller's Against Our Will(1975) and Susan Estrich's Real Rape(1987), and touches on such modern-day cases as the University of Colorado rapes, the Kobe Bryant case, and the accusations lodged against the Duke lacrosse team.

New Starting from $41.27
eBooks Starting from $35.99
Buy
what's this?
Rush Rewards U
Members Receive:
coins
coins
You have reached 400 XP and carrot coins. That is the daily max!

Study Briefs

Limited time offer: Get the first one free! (?)

All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.

Add to cart
Study Briefs
SQL Online content $4.95 $1.99
Add to cart
Study Briefs
MS Excel® 2010 Online content $4.95 $1.99
Add to cart
Study Briefs
MS Word® 2010 Online content $4.95 $1.99
Add to cart
Study Briefs
MS PowerPoint® 2010 Online content $4.95 $1.99

Customers also bought

Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading

Book details

Copyright year: 2009
Publisher: Columbia University Press
Publication date: 11/20/2008
Binding: Paperback
Pages: 368
Size: 6.54" wide x 9.17" long x 0.79" tall
Weight: 1.100
Language: English

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 Justiceand an editorial board member for the Journal of Violence Against Womenand Feminist Criminology.

Acknowledgments
Background to Rape Reform
Unintended Consequences
Extant Models of Reform
Building from Prior Models
This Book's Model: Reforming Rape Reforms
Political Climate and Backlash
Legal Change Sweeps the Nation
Overall Change
Removal of Unique Requirements
Redefinitions: Violence and Deviate or Criminal Sexual Conduct and Sexual Assault
Other Legal Changes
Reforms in Canada, England and Wales, Australia, and New Zealand
Other Victim-Oriented Developments
Extralegal Developments
Summary
Failures and Successes
Requirements
Enhancements in Criminal Justice Processing
Comparability to Other Crimes
Redefinitions: Successes and Failures
Other Legal Provisions
Successes and Failures in Reform Laws Abroad
Avenues for and Attitudes About Victims
Other Avenues for Victims
Victims' Rights
Community Registration and Notification
Extralegal Developments
Attitudes About Victims
Failures and Successes: A Recapitulation
The Legal Landscape
Patriarchy as Context
Establishing Elements of Rape: Nonconsent, Force/Coercion, and Intent
Strict Liability
The Consent Defense and Early Reform Problems
The Mistaken Consent Defense: Reform Establishing Negligent Responsibility
Summary
Affirmative Consent Reform Models
New Jersey's Law
Pineau's "Communicative Sexuality" Innovation: Combining Affirmative Consent and Strict Liability
Schulhofer's "Sexual Autonomy" Innovation: Beyond Affirmative Consent
Summary
Consent and Voluntariness, Agreement/Nonconsent and Involuntariness, Nonagreement
Recognizing Background Facts
Consent and Nonconsent: A Continuum
A Line in the Sand
Implicit Coercion and Consent
Semantics: Changing "Consent" to "Voluntariness, Agreement" and "Nonconsent" to "Involuntariness, Nonagreement"
Semantics: Changing the Defense of Consent to the Defense of Voluntariness, Agreement
Definition of Voluntariness, Agreement
Eliminating the Doctrine of Implied Consent: Statutory Specification
She's Not a Liar: Statutory Specification
Summary
Presumptive Nonagreement
Aggravating Conditions, Force/Coercion, and Nonagreement
Presumptive Nonagreement
No Is Enough: She Said (No), He Heard (Yes, OK, Sure, Fine)
No Means No: Women Mean What They Say and Say What They Mean
Silence Does Not Mean Consent: Aggravating, Forceful, or Coercive Conditions
A Reasonable Woman's Point of View for a Change
Summary
Mens Rea
The Role of Mens Rea: Ignored, Used, or Redundant and Unnecessary?
Negligence
Estrich and the Logic of Negligent Culpability
Pitfalls with Negligence
Borrowing from Homicide: Premeditation, Recklessness, Negligence, and Rape
Summary
Applying Recklessness and Negligence
Voluntariness, Agreement; Presumptive Nonagreement; Reckless/Negligent Mistakes
A Further Application of Reckless and Negligent Culpability: Taking Advantage of the Redundancy in Proof of Mens Rea in Nonagreement and Force/Coercion
A Woman's Point of View for a Change
Due Notice on the Unreasonableness of Mistakes of Nonagreement: No Until Proven Yes
Summary
Defenses
Affirmative Defense: Shifting the Burden of Production
Shifting the Burden of Proof
Shifting to "Affirmative Consent" Legal Reform: "She's a Liar" and "I'm a Blunderer" Defenses
Defenses Unavailable and Due Notice
A Note on Past Sexual History Evidence and the "Liar" and "Blunderer" Defenses
Summary
Sexual Assault Under Duress and Fraud
Sexual Assault Under Nonviolent Duress
Sexual Assault by Fraud, Guile, or Deceit
Criminalization of Sexual Assault by Duress and Fraud: A Reasonable Woman's Point of View
A Caveat: Making the Changes Tenable
Summary
Reforming Rape Reforms: Outline of the Model Array
Making the Changes: De Jure Law, Rules of Evidence, and Jury Instruction
Crime Considerations
Victim Considerations
Offender Considerations
Defense Considerations
Summary
Discussion of the Model Array
Crime Considerations
Victim Considerations
Offender Considerations
Defense Considerations
Case Examples: Application of the Model Array
Advantages of a Paradigm Shift
Renewing Efforts
The Model for Reforming Rape Reforms
Political Climate and Backlash
Political Will
Recommendations Complementing the Model Rape Law
Victims' Rights
Police and Prosecutors
Plea Bargaining
Jurors
Judges
Criminal Justice Training
Compliance
Equal Protection?
A Victim's Attorney: Lessons from Abroad
Moving Forward: Social Institutions, Structures, and Processes
Media
Education
Conclusions
Notes
References
Index
×
Free shipping on orders over $35*

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

Learn more about the TextbookRush Marketplace.

×