Sexual Assault and the Justice Gap:A Question of AttitudePDF电子书下载

Introduction 1

PART Ⅰ THE BACKGROUND 9

1 The Justice Gap in Sexual Assault Cases 9

1.1 THE PROBLEM OF ATTRITION 9

1.2 THE LEGAL BACKGROUND 24

1.3 SUMMARY AND CONCLUSIONS 28

2 Stereotypes， Myths and Heuristics in the Perception of Sexual Assault 31

2.1 THE ‘REAL RAPE’ STEREOTYPE 31

2.2 RAPE MYTHS AND NEGATIVE ATTITUDES ABOUT RAPE VICTIMS 33

2.3 RAPE STEREOTYPES AND POLICE RESPONSES TO RAPE COMPLAINTS 38

2.4 THE ATTRIBUTION OF BLAME TO VICTIMS OF RAPE 41

2.5 HEURISTICS IN THE PROCESS OF DECISION-MAKING ABOUT SEXUAL ASSAULT 48

2.6 SUMMARY AND CONCLUSIONS 50

3 The Problem of the Jury in Sexual Assault Trials 53

3.1 THE METHODOLOGY OF JURY STUDIES 53

3.2 DEALING WITH THE EVIDENCE 54

3.3 THE ROLE OF EXPERT TESTIMONY 57

3.4 THE JUDGE’S SUMMING-UP AND NON-VERBAL CUES 63

3.5 REACHING A VERDICT 64

3.6 SUMMARY AND CONCLUSIONS 71

PART Ⅱ NEW EVIDENCE 75

4 A Question of Attitude： Prospective Lawyers 75

4.1 STUDY 1： UNDERGRADUATE LAW STUDENTS AND THE REAL RAPE STEREOTYPE 76

4.2 STUDY 2： SCHEMATIC PROCESSING BY VOCATIONAL LAW STUDENTS 85

5 A Question of Attitude： The General Public 99

5.1 STUDY 3： EXPLORING SCHEMATIC PROCESSING BY MEMBERS OF THE PUBLIC 100

5.2 STUDY 3： EVALUATING A RAPE-AWARENESS POSTER CAMPAIGN 109

5.3 GENERAL DISCUSSION AND CONCLUSIONS FROM THE THREE STUDIES 119

6 Rape， Rape Trials and the Justice Gap： Some Views from the Bench and Bar 125

6.1 METHODOLOGY OF THE INTERVIEW STUDY 125

6.2 THE PERCEIVED PROBLEMS 127

6.3 ATTITUDES TOWARDS RAPE AND THE JUSTICE GAP 138

6.4 SUMMARY AND CONCLUSIONS 141

7 Judges， Barristers and the Evidential Law in Action in Rape Cases 143

7.1 CORROBORATION 143

7.2 SEXUAL HISTORY 145

7.3 THIRD PARTY DISCLOSURE 151

7.4 SUMMARY AND CONCLUSIONS 158

PART Ⅲ SOME POSSIBLE SOLUTIONS 161

8 Law Reform 161

8.1 EVIDENTIAL ISSUES 161

8.2 CONSENT AND INTOXICATION 169

8.3 SUMMARY AND CONCLUSIONS 175

9 Improving Rape Trials 177

9.1 ABOLISHING THE JURY IN SEXUAL ASSAULT CASES 177

9.2 SCREENING AND SELECTING JURORS 180

9.3 ASSISTING THE JURY 181

9.4 MAKING THE JURY ACCOUNTABLE 186

9.5 EDUCATING LEGAL PROFESSIONALS 188

9.6 APPOINTMENT OF MORE FEMALE JUDGES？ 195

9.7 SUMMARY AND CONCLUSIONS 196

10 Changing Public Attitudes 199

10.1 RAPE PREVENTION PROGRAMMES FOR COLLEGE STUDENTS 199

10.2 SCHOOL-BASED INTERVENTIONS 200

10.3 EDUCATING THE GENERAL PUBLIC ABOUT RAPE：USING THE MEDIA 201

10.4 CHANGING NORMS ABOUT SEXUAL AGGRESSION 205

10.5 SUMMARY AND CONCLUSIONS 207

11 Conclusion 209

References 213

Appendix 1 Evidential and Procedural Issues in the Law Relating to Sexual Offences in England and Wales 235

Appendix 2 Interview Schedule for the Study Described in Chapters Six and Seven 245

Author Index 247

Subject Index 255