scholarly journals Making new meanings: The entextualisation of digital communications evidence in English sexual offences trials

2021 ◽  
pp. 174165902110482
Author(s):  
Ellen Daly
Keyword(s):  
Case Studies ◽  
Digital Communications ◽  
Rape Myths ◽  
Digital Evidence ◽  
Cultural Narratives ◽  
Sexual Offences ◽  
England And Wales ◽  
New Meanings ◽  
Defence Counsel

There have been growing concerns about the malleability of digital communications evidence and its potential to reinforce embedded rape myths and cultural narratives that undermine victim-survivors in sexual offences trials. There is however a paucity of research exploring this issue in practice, and none in England and Wales. This article therefore uses two case studies, drawn from court observation research in 2019, to explore how digital communications evidence is used in English sexual offences trials. In both case studies the prosecution argued that digital communications between defendant and victim-survivor constituted admissions of guilt; both defendants resisted this by providing alternative meanings to the well-known colloquial phrases within the messages. Through the process of entextualisation, defence counsel bolstered the meanings defendants attributed to digital communications by drawing upon rape myths and deeply embedded gendered narratives. Defence counsel further employed rape myths and gendered narratives to undermine prosecution entextualisations of the digital evidence. This analysis builds on the existing literature by demonstrating that the malleability of digital evidence extends even to seemingly unambiguous communications.

Negotiating without the victim state: the exclusiveness of anticorruption settlements

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nadja Capus ◽  
Kei Hannah Brodersen
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Criminal Proceedings ◽  
International Guidelines ◽  
England And Wales ◽  
Content Type ◽  
The Past ◽  
Settlement Agreements ◽  
To Receive ◽  
Obligation To Inform

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.

A Socio-Legal Study of Child Rape in the State of Karnataka

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
G. M. Govindappa
Keyword(s):  
Child Abuse ◽  
Case Studies ◽  
State Level ◽  
The State ◽  
Rape Victims ◽  
Sexual Offences ◽  
Legal Study ◽  
The Social ◽  
Few Data ◽  
Child Rape

This study is the analysis of child rape incidence in Karnataka. This is a socio legal study of Laws regulation and case studies in relation to minor child rape victims from 2010 to 2016, and few data till June 2017 of Karnataka. The results show that at the state level total minor rape victims continuously increased during the study period and the major proportion of rape victims belong to Bangalore Metropolitan city ,the study also states that young kids have most often more vulnerable of rape than the adolescences’. Earlier the offences of child abuse is tried under different Acts, in the state of Karnataka but after implementation of POSCO Act 2012 (Protection of Children from sexual offences), cases of child rape are tried under POSCO Act 2012. The maximum punishment awarded to the offender under this Act is 10 years. To find out solution to the social evil there is a strong need to strictly implement the judicial and legislative recommendation in reasonable manner along with strict punishment to accused so that people afraid to do such crimes.

scholarly journals Watching over or Working with? Understanding Social Work Innovation in Response to Extra-Familial Harm

2020 ◽  
Vol 9 (4) ◽  
pp. 37 ◽  
Author(s):  
Lauren Elizabeth Wroe ◽  
Jenny Lloyd
Keyword(s):  
Social Work ◽  
Case Studies ◽  
Analytical Framework ◽  
Analytic Framework ◽  
England And Wales ◽  
Critical Issues ◽  
And Control ◽  
Future Work ◽  
Public Bodies

This paper critically reflects on the role of surveillance and trusted relationships in social work in England and Wales. It explores the characteristics of relationships of trust and relationships of surveillance and asks how these approaches apply to emerging policy and practices responses to extra-familial forms of harm (EFH). Five bodies of research that explore safeguarding responses across a range of public bodies are drawn on to present an analytical framework that explores elements of safeguarding responses, constituting relationships of trust or relationships of surveillance and control. This analytic framework is applied to two case studies, each of which detail a recent practice innovation in response to EFH studied by the authors, as part of a larger body of work under the Contextual Safeguarding programme. The application of this framework signals a number of critical issues related to the focus/rationale, methods and impact of interventions into EFH that should be considered in future work to address EFH, to ensure young people’s rights to privacy and participation are upheld.

11. Sexual offences

2021 ◽  
pp. 468-517
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Criminal Law ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two of ‘The law in context’ features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

Ancient Greece on British Television

2018 ◽  
Keyword(s):  
United Kingdom ◽  
Case Studies ◽  
Ancient Greece ◽  
Cultural Narratives ◽  
The United Kingdom ◽  
And Function ◽  
Of Greece ◽  
Television Producers

Ancient Greece has inspired television producers and captivated viewing audiences in the United Kingdom for over half a century. By examining how and why political, social and cultural narratives of Greece have been constructed through television’s distinctive audiovisual languages, and also in relation to its influential sister-medium radio, this volume explores the nature and function of these public engagements with the written and material remains of the Hellenic past. Through ten case studies drawn from feature programmes, educational broadcasts, children’s animations, theatre play productions, dramatic fiction and documentaries broadcast across the decades, this collection offers wide-ranging insights into the significance of ancient Greece on British television.

scholarly journals Ten years on

2015 ◽  
Vol 79 (1) ◽  
pp. 20-35 ◽  
Author(s):  
Catarina Sjölin
Keyword(s):  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

As the clock ticked over from 30 April to 1 May 2004 the Sexual Offences Act 20031 came into force and the Sexual Offences Act 19562 was repealed, fundamentally changing the law on sexual offences in England and Wales. Perhaps the most major changes were in respect of consent. This article examines the changes the Act made to three aspects of consent: the provision of a statutory definition, the effect of deception of C on the validity of C’s consent and the role of D’s belief in C’s consent. To this end the article considers the pre-SOA 2003 law on consent, the impetus and proposals for reform, the Act and how it has been implemented by the courts, and finally how the Act could be improved to provide greater clarity substantively and procedurally to achieve the aims which lay behind the reform of consent in the first place.

scholarly journals The Penetrative Offence in Section 4 of the Sexual Offences Act 2003: Offenders, Victims, and Outcomes After Detection

2020 ◽  
Vol 60 (4) ◽  
pp. 930-948
Author(s):  
Siobhan Weare
Keyword(s):  
Sexual Activity ◽  
The Other ◽  
Freedom Of Information ◽  
Sexual Offences ◽  
England And Wales ◽  
National Statistics ◽  
Sexual Offences Act 2003 ◽  
Information Requests ◽  
Police Forces

Abstract Extensive research exists in relation to the Sexual Offences Act 2003, in particular, rape and assault by penetration, the two most serious offences involving non-consensual sexual penetration of the victim. However, the other penetrative offence, causing a person to engage in (penetrative) sexual activity without consent, found in section 4 of the Act, has, to date, been excluded from national statistics and research. This article analyses novel data relating to the section 4 penetrative offence, collected using freedom of information requests from 37 police forces in England and Wales over a 13-year period. The data explore victim and offender demographics and outcomes after detection. The findings challenge understandings around who the victims and perpetrators of penetrative sexual offences are.

17. Sexual offences

2021 ◽  
pp. 786-860
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.

17. Sexual offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault, and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below thirteen years of age, sexual offences against children aged thirteen to sixteen, causing a child to watch a sexual act, arranging or facilitating commission of a child sex offence, and meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography, and taking indecent photographs of children.

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