Closing the justice gap for adult and child sexual assault: rethinking the adversarial trial
1. Introduction -- 2. The Nature and Effects Of Adversarialism: Jury Decision Making In Sexual Assault Trials -- 3. Factors That Predict Outcomes in Sexual Assault Trials -- 4. 'Commonsense' Or 'Life Experience': Jurors' Perceptions Of Guilt -- 5. 'No Means Yes And Yes...
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| Format: | Electronic/Print Book |
| Language: | English |
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London
Palgrave Macmillan
[2020]
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| In: | Year: 2020 |
| Online Access: |
Table of Contents Blurb Presumably Free Access Volltext (doi) |
| Availability in Tübingen: | Present in Tübingen. UB: KB 21 A 1352 |
| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | 1. Introduction -- 2. The Nature and Effects Of Adversarialism: Jury Decision Making In Sexual Assault Trials -- 3. Factors That Predict Outcomes in Sexual Assault Trials -- 4. 'Commonsense' Or 'Life Experience': Jurors' Perceptions Of Guilt -- 5. 'No Means Yes And Yes Means Anal': The Cultural Climate In Which Sex Offences Are Prosecuted -- 6. The Nature And Effects Of Adversarialism . Sites Of Activation For Heuristic Reasoning Processes -- 7. Modernisation Of The Substantive Law Of Consent -- 8. Cross Examination In Sexual Assault Trials: Evidentiary Safeguard Or An Opportunity To Confuse? -- 9. Contemporary Reforms To Cross-Examination -- 10 . The Problems Facing Reformers Of The Sexual Assault Trial -- 11. Achieving Best Evidence For Vulnerable Witnesses: The Use Of Trauma-Informed Theory To Reform The Sexual Assault Trial -- 12. Reform Measures: The Devil Is In The Detail. This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences - often seen as one of the 'hardest crimes to prosecute' - across two similar jurisdictions. Despite the introduction of many reform options, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the structures of power within the trial process, to show how and at what points that process is weighted against complainants of sexual assault, in order to make thought-out suggestions for reform. She argues that this justice gap is a result of myths and misconceptions about rape which can be eliminated by a radical replacement of the adversarial system with a trauma-informed system. This book takes into consideration the psychological literature and speaks to students and academics across subjects including law, criminology, gender studies and psychology, and to practitioners in law and victim services, and policy-makers |
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| Physical Description: | xi, 719 Seiten Diagramme 21 cm |
| ISBN: | 9781137320506 1137320508 |
| DOI: | 10.1057/978-1-137-32051-3 |