Addressing rape reform in law and practice / Susan Caringella.

Format:

Book

Author/Creator:

Caringella, Susan.

Language:

English

Subjects (All):

Rape--United States.

Rape.

United States.

Physical Description:

xv, 347 pages ; 24 cm

Place of Publication:

New York : Columbia University Press, [2009]

Summary:

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.

Contents:

Background to rape reform

Legal change sweeps the nation

Failures and successes

Avenues for and attitudes about victims

The legal landscape

Affirmative consent reform models

Consent and voluntariness, agreement/nonconsent and involuntariness, nonagreement

Presumptive nonagreement

Mens Rea

Applying recklessness and negligence

Defenses

Sexual assault under duress and fraud

Reforming rape reforms : outline of the model array

Discussion of the model array

Advantages of a paradigm shift

Recommendations complementing the model rape law

Moving forward : social institutions, structures, and processes.

Notes:

Includes bibliographical references (pages [317]-329) and index.

ISBN:

9780231134248

023113424X

9780231134255

0231134258

9780231508759

0231508751

OCLC:

226360289