The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System

2001 ◽  
Vol 10 (1) ◽  
pp. 123-138 ◽  
Author(s):  
Wendy J. Murphy
2019 ◽  
Vol 23 (4) ◽  
pp. 319-343
Author(s):  
Emma E. Fridel

Research has shown that female offenders typically receive differential treatment in the criminal justice system in comparison to their male counterparts, even for extreme crimes like murder. This study compares the criminal sentences of 300 homicide offenders who killed at least two victims with a single co-offender (150 pairs) within their dyads using the actor–partner interdependence model (APIM) to determine if gender has an effect on leniency for even the most extreme crimes. Women were less likely to receive the harshest possible punishment, regardless of their partner’s gender. These findings provide support for the female leniency effect, suggesting that gender bias continues to influence sentencing decisions for homicide.


2013 ◽  
Vol 28 (2) ◽  
pp. 245-272 ◽  
Author(s):  
KATHERINE D. WATSON

This article examines encounters of women with the criminal justice system in Wales during the century before the Courts of Great Sessions were abolished in 1830. Drawing on evidence from cases of sexual assault and homicide, it argues that women who killed were rarely convicted or punished harshly. A gendered discretion of sorts also acted against rape victims, as trials never resulted in conviction. Using violence as a lens, the paper reveals a distinctively Welsh approach to criminal justice, and offers quantitative evidence on which further comparative studies of the history of law and crime in England and Wales may be based.


1987 ◽  
Vol 33 (4) ◽  
pp. 468-478 ◽  
Author(s):  
Patricia A. Resick

The purposes of this article are to review research on psychological reactions to criminal victimization, to consider how victims might be affected by participation in the criminal justice system, and to offer some recommendations for the treatment of victims and their families within the criminal justice system. Over the past ten years there have been a series of studies conducted to examine the long-term effects of rape victims. Recently a study was conducted to compare the reactions of robbery victims with rape victims and to compare female and male robbery victims. This article will review the findings from these longitudinal studies with particular attention to victim reactions that may affect or be affected by participation in criminal prosecution.


1977 ◽  
Vol 23 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Gerald D. Robin

Forcible rape is unique among crimes in the manner in which its victims are dealt with by the criminal justice system. Raped women are subjected to an institutionalized sexism that begins with their treatment by the police, continues through a male-dominated criminal justice system influenced by pseudo-scientific notions of victim precipitation, and ends with the systematic acquittal of many de facto guilty rapists. The codification of sexism centers in the legal elements involved in proving guilt and obtaining convictions. In effect, the law's focus upon corrob oration, consent, and character has established a standard of proof in rape cases that is more stringent than "beyond a reasonable doubt." Nonetheless, the processing of rape victims by the criminal justice system is gradually becoming more sensitive, facilitative, and reflective of the trauma experienced by the women involved. The legal position toward the crime is also becoming less sexist and more responsive to the realities involved in sexual assault. Both of these changes have come about through the efforts of the women's liberation movement. The most promising means for achieving more humane and dignified treatment of rape victims in the arms of the law have been "rape crisis centers." This approach to eliminating institutionalized sexism surrounding forcible rape has been significantly aided and abetted by successful attempts to modify the basic definition of the crime and to revise the legal elements needed for conviction.


2018 ◽  
Vol 29 (6-7) ◽  
pp. 527-535 ◽  
Author(s):  
Preeti Chauhan ◽  
Jeremy Travis

To date, the enforcement of lower level offenses and the criminal justice system’s response to these enforcement actions has received little scholarly attention. To address this gap in scientific research, the Misdemeanor Justice Project (MJP) commissioned nine scholarly papers focused on criminal justice responses to lower level offenses. Each of the papers in this volume is guided by one of four overarching themes, including officer discretion; the impact of lower level enforcement on individuals, communities, and institutions; pretrial detention and diversion; and court processing and legal representation. As a collection, these papers serve as a launching pad for the development of a body of research in a critical and opaque area of our criminal justice system as well as highlight areas for future research.


2021 ◽  
pp. 107780122098834
Author(s):  
Caitlin P. Carroll

Rape victims often face secondary victimization by the criminal justice system, prompting their advocates to promote a variety of procedural changes, including the provision of an independent legal counsel for victims. Sweden implemented a legal counsel for victims of sexual assault and rape in the late 1980s, yet research about their role remains limited. This article draws upon interviews with victim-lawyers in Sweden and suggests that having access to an independent legal counsel can mitigate the risks for secondary victimization by empowering victims to access their rights and providing emotional support and connectedness in the criminal justice system.


Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Desan Iyer ◽  
Lonias Ndlovu

The number of children being sexually violated on a daily basis continues to escalate against a backdrop of a dearth in the conviction rate of their attackers. This is notwithstanding global efforts being made to protect children from the harrowing experience of being sexually violated. Creative measures such as the introduction of innovative child legislation have been largely neutralized by the inability of the criminal justice system to complement the child’s healing process. The gulf between policy and practice has given rise to a lack of protection in respect of the rights of children. In this paper, we seek to highlight the gaps in the South African criminaljustice system when it comes to safeguarding the interests of the minor complainant during the criminal process. We analyse key legislative instruments which purport to protect the minor victim. The analysis is aimed at determining whether or not the specified key provisions are in conflict with the Constitution. The introduction of separate legal representatives for child complainants is evaluated as an option in improving the plight of young child victims. The paper then concludes on an optimistic note by boldly opining that in line with legal developments in other international jurisdictions, the South African criminal justice system can accommodate the legal novelty of introducing separate legal representation for child victims.


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