Reporting as Risk: The Dangers of Criminal Justice for Survivors of Sexual Violence

2020 ◽  
pp. 79-94
Author(s):  
Stephanie Fohring
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Secondary Trauma ◽  
Success Rates ◽  
Policy And Practice ◽  
Sexual Crimes ◽  
Secondary Victimisation ◽  
Court Proceedings

For many victims of sexual violence, the trauma does not end with the incident itself, but may be drawn out for several months or even years. Secondary victimisation caused by conscious or non-conscious promotion of rape myths, negative stereotypes, or empathy fatigue can happen at the hands of both the public, personal relations, or sadly even those who are meant to support and protect victims. For those few victims who do engage with criminal justice, secondary victimisation poses a serious threat to their wellbeing, with the potential to negatively affect both mental health and future willingness to report crime.Sexual victimisation is seriously under-reported by both male and female victims. The social stigma attached to sexual victimisation, the trauma of police interviews, court proceedings, and medical examinations, as well as the psychological implications of victimhood, are all significant motivations to avoid reporting, especially in cases of sexual violence. The risk of experiencing this secondary trauma is so severe that some go so far as to suggest that victims may be better off not reporting their ordeals to the police at all.This chapter will firstly introduce the data on the under-reporting of sexual crimes, review current explanations and discuss the dismal prosecutorial success rates in relation to sexual violence in Scotland. It will then present evidence regarding the traumatic nature of the criminal justice system for victims of sexual violence, drawing on the academic literature including a critique of existing policy and practice, ongoing qualitative research with victims of crime in Scotland, as well as some highly publicised recent cases in the British media. Finally, the chapter will end by providing suggestions for reducing the risk of secondary victimisation and making the criminal justice system more victim friendly

Sex Panic and Denial

2018 ◽  
Vol 21 (3) ◽  
pp. 458-482
Author(s):  
Corey Rayburn Yung
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
American Culture ◽  
The United States ◽  
Social Goal ◽  
Residency Restrictions

The American criminal justice system regarding sex is not just logically incoherent, it is also often morally bankrupt because it remains unexamined and poorly understood. This Article contends that there are actually common roots underlying the seemingly oppositional forces of social panic and denial, which explain why the United States has an endemic sexual violence problem. Both panic and denial reinforce the implicit, and sometimes explicit, desire to avoid substantive engagement with socially contentious issues related to sex. The use of residency restrictions and civil commitment fit the modern social goal of putting sex offenders out-of-sight and out-of-mind. Yet, those same desires also explain America’s unwillingness to believe victims of sexual violence and police failure to properly investigate criminal complaints. In this way, sex panic dovetails with sex denial—in both instances, American culture only permits a limited discussion and understanding of sex and sexual violence. The result is that our nation fails to take sex crime complaints seriously while overreacting to the few convictions that emerge from the hostile criminal justice system.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

scholarly journals Equal or unequal opportunities within the criminal justice system from a rural and regional perspective

2019 ◽  
Vol 9 (2) ◽  
Author(s):  
John Nicholson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Metropolitan Areas ◽  
Rural Setting ◽  
Judicial Discretion ◽  
Government Failure ◽  
Criminal Charges ◽  
Court Proceedings ◽  
Unequal Opportunities

Approximately a third of NSW criminal charges are dealt with in rural and regional courts.  About a third of prisoners in NSW goals come from rural and regional NSW.  However, resources – legal and therapeutic – available for rural and regional defendants do not match those available for offenders located in metropolitan areas.  Twenty-one significant disparities are identified.  Three sources of these disparities are also identified – court proceedings, geographical remoteness, and government failures.  The majority of identified disparities, it is argued, is attributable to government failure.  Recent changes to sentencing law and practices in the administration of sentences are looked at from a rural perspective and potential new and continuing disparities are identified.  The limitations arising from the disparities to the exercise of judicial discretion with a rural setting are explained particularly with reference to sentencing.

scholarly journals Dogs in the criminal justice system: Consideration of facility and therapy dogs

2018 ◽  
pp. 1 ◽  
Author(s):  
Elizabeth Spruin
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapy Dogs ◽  
Negative Experience ◽  
Current Opinion ◽  
Secondary Victimisation ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Practical Analysis

It is known that the criminal justice process is most often perceived as a negative experience by victims, witnesses, as well as defendants. Whilst measures have been put into place across the globe to improve their experiences, there is still much more which needs to be done, especially as the process can involve secondary victimisation of those participating in it and prolonged trauma. The current opinion piece centres on the use of trained dogs to help the experiences of criminal justice system users during active cases. Whilst this practice is mostly used in North America, hints at bringing varying types of dogs into the criminal justice system are visible elsewhere, too. With the criminal justice users in mind, it is key to establish, from the offset, the positives of such service, but also be very aware of its limitations and challenges, in order for the service delivering what it aims without causing a disruption to the criminal justice process or its users. This piece provides a theoretical and practical analysis of topicssurrounding the use of specially trained dogs to support criminal justice system users with the view of highlighting our lack of knowledge on the topic and practical challenges of this service.

scholarly journals KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK

2017 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Recovery Process ◽  
The Public ◽  
Criminal Offenses ◽  
The Law ◽  
Court Proceedings ◽  
Perpetrators And Victims

Restorative justice in the settlement of cases of off-the-shelf criminal offenses emphasizing the rearation of the consequences caused by criminal acts by empowering the recovery process and the interests of all involved both perpetrators and victims, as well as the public. The caseresolution model outside the court proceedings is a method that is expected to be undertaken to protect the psychology of a child facing the law in the criminal justice system

scholarly journals A kaupapa Māori analysis of the use of Māori cultural identity in the prison system

2021 ◽  
Author(s):  
◽  
Riki Mihaere
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Cultural Identity ◽  
Criminal Justice System ◽  
Justice System ◽  
Prison Population ◽  
Prison System ◽  
Policy And Practice ◽  
The Status ◽  
Kaupapa Māori

<p>Māori are 15% of the New Zealand population, and yet are 45.3% of annual police apprehensions and 51% of the prison population. This status of Māori ‘over-representation’ in the criminal justice system has remained steady for the last 34 years. One principle explanation of this status is that Māori have limited access to a secure Māori cultural identity. As a result, criminal justice authorities, especially the Department of Corrections, have progressively focused policies and programmes towards the perceived Māori cultural related needs of Māori offenders and prisoners. This focus is undertaken not only to reduce rates of recidivism but also to provide culturally relevant environments for Māori prisoners and increased opportunities for successful rehabilitation.   The result is that New Zealand’s prison system now contains a number of unique strategies such as the Māori Therapeutic Programme, the New Life Akoranga Programme and Māori Focus Units. Despite these developments, there remains a dearth of clearly articulated descriptions of how, why or even if Māori cultural identity has a positive effect on reducing Māori offending and imprisonment. This thesis is designed to address this gap in the research.   The thesis pursues a kaupapa Māori methodology, using in-depth interviews with key Māori associated with the development of the theory, policy and practice of Māori cultural identity in the criminal justice system. This focus provides an opportunity for those Māori whose careers or, in some cases, life works have been dedicated to the development and implementation of cultural responses to crime to speak for themselves. This approach allows a full exploration of the underlying rationale and meaning of the Māori cultural identity policies and resultant programmes sprinkled throughout New Zealand’s system.  The thesis develops two key arguments. Firstly, despite strongly held criminal justice beliefs about the potential validity of Māori cultural identity in relation to reducing Māori offending and imprisonment, the broader context regarding the status of Māori as the most marginalised population in New Zealand is largely ignored. Rather than accepting that Māori offending is likely to be ignited by a broad array of socio-economic factors which are the result of generations of colonising Pākehā practices, the Correctional response has been to individualise Māori offending by focusing on the degree of Māori cultural identity inherent in specific Māori offenders. Secondly, that the authenticity of Māori cultural identity policies and programmes designed and delivered by Corrections is questionable. While the Department argues that Māori cultural identity nestles comfortably within western-based therapeutic programmes, professional Māori disagree. In their view, the Māori cultural identity programmes delivered in New Zealand’s prisons do not resemble Māori culture at all. Given these two arguments, the thesis questions whether the criminal justice use of Māori cultural identity is more a measure of official attempts to meet ‘Treaty’ obligations rather than a genuine effort to reduce Māori offending and imprisonment.</p>

Preexposure Prophylaxis for Women Across the Criminal Justice System: Implications for Policy and Practice

2021 ◽  
Author(s):  
Emily Hoff ◽  
Ronnye Rutledge ◽  
Britton A. Gibson ◽  
Carolina R. Price ◽  
Colleen Gallagher ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy And Practice ◽  
Preexposure Prophylaxis

The Hebephiliac: Pedophile or Teleiophiliac?

2017 ◽  
Vol 62 (9) ◽  
pp. 2507-2526 ◽  
Author(s):  
Jonghan Sea ◽  
Eric Beauregard
Keyword(s):  
Bipolar Disorder ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
The Other ◽  
Modus Operandi ◽  
Sexual Crimes ◽  
History Of ◽  
Male Sex

The current study aims to fill the gap on hebephile sex offenders by comparing them to a group of pedophile offenders as well as a group of teleiophile offenders. The focus of the study is to examine the victims’ and offenders’ characteristics, the crime characteristics, and the modus operandi used by a sample of 111 male sex assaults currently serving a sentence for sexual crimes in Korea. Looking at all the comparisons conducted, it seems that the hebephiliac is not more similar to the pedophile nor the teleiophiliac. He is in fact a mix of both. Aside from certain characteristics that make hebephiliacs different from the other two subtypes of sex offenders (e.g., sadism, travelling longer than 2 km to commit the crime, history of bipolar disorder), they mainly share characteristics of both groups. The current study uncovers very important differences that could prove useful for the management of these cases by the actors of the criminal justice system.

scholarly journals Imageries of Self: Guilty Plea Statements in Sexual Violence Cases at the ICTY

2020 ◽  
pp. 105756772098265
Author(s):  
Anette Bringedal Houge
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Guilty Plea ◽  
Sexual Crimes ◽  
International Criminal Tribunals ◽  
The Icj ◽  
Court Proceedings

Focusing on the guilty plea statements in sex crimes cases at the International Criminal Tribunal for the former Yugoslavia, this article investigates the ways that defendants re-present themselves, their agencies, and their offenses in response to the legal framework within which they talk. While their acts are at the core of international criminal justice (ICJ), defendants are more often spectators than participants when their guilt is negotiated and judged. They have for the most part also been absent in research on ICJ. As defendants’ voices are rarely heard during proceedings, their guilty plea statements produce rare access to war criminal’s staging of self and individual agency. At international criminal tribunals, defendants have wide audiences beyond the courtroom, and when they do speak, their stories potentially influence not only the court proceedings but also wider cultural and societal narratives about wartime agency and sexual violence. After identifying a guilty plea script, this article draws attention to a consistent and intriguing silencing of sexual crimes in the past and to how the defendants’ imageries of present and future selves align with the ICJ effect narratives about the individually disciplining and rehabilitative character of criminal justice and its general deterrent effects.

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