The Criminal Justice Response to Sexual Assault in Canada

1996 ◽  
pp. 384-393
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice Response

scholarly journals Doing the “Right Thing”? Understanding Why Rape Victim-Survivors Report to the Police

2019 ◽  
Vol 15 (2) ◽  
pp. 174-195 ◽  
Author(s):  
Oona Brooks-Hay
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Rape Victim ◽  
Secondary Victimization ◽  
The Right ◽  
Criminal Justice Response ◽  
Justice Gap

This article explores why victim-survivors engage with the police by drawing upon the accounts of 24 women who reported rape or sexual assault in Scotland. Findings defy public narratives around rape reporting, indicating that victim-survivors may exercise limited agency in reporting. Moreover, a problematic “aspiration-reality gap” exists due to stark differences between the aspirations attached to reports and the reality of the ensuing criminal justice response. It is suggested that the concepts of “secondary victimization” and the “justice gap” can be augmented through appreciation of the “aspiration-reality gap,” and contemporary preoccupation with increasing rates of reporting is called into question.

Criminal Justice Considerations for Unsubmitted and Untested Sexual Assault Kits: A Review of the Literature and Suggestions for Moving Forward

2016 ◽  
Vol 29 (9) ◽  
pp. 925-945 ◽  
Author(s):  
Gillian M. Pinchevsky
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Sexual Assault ◽  
The United States ◽  
Future Research ◽  
Review Of The Literature ◽  
Research And Practice ◽  
Trauma Informed ◽  
Criminal Justice Response

One of the latest reforms to the criminal justice response to sexual assault involves changes to the submission and testing of sexual assault kits. Across the United States, thousands of kits have either not been submitted to a laboratory or tested by a laboratory, prompting criticisms that victims of sexual assault have not received justice for the crimes perpetrated against them. Jurisdictions across the country have reevaluated their responses to sexual assault, including their investigations and submission and testing of sexual assault kits. It is critical that future efforts respect the recommendations of jurisdictions that have spearheaded earlier reforms and are guided by victim-centered and trauma-informed principles. This article reviews recent research that has been conducted on changes in processing sexual assault kits, provides examples of different approaches to address unsubmitted and untested kits, and suggests ideas for future research and practice to consider as this area moves forward.

scholarly journals Ched Evans, rape myths and Medusa's gaze: a story of mirrors and windows

2018 ◽  
Vol 14 (3) ◽  
pp. 454-468
Author(s):  
David Gurnham
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Sexual Activity ◽  
Rape Myths ◽  
Social World ◽  
Male Gaze ◽  
Visual Metaphor ◽  
Critical Scholarship ◽  
Alternative Approach ◽  
Court Of Appeal

AbstractThis paper analyses the visualisation of rape and sexual assault in legal and scholarly language. It begins with a critique of the Court of Appeal ruling inR v. Evans (Chedwyn)and its forensic examination of the details of a female rape complainant's consensual sexual activity with other men. The case is analysed in light of a visual metaphor used by Ellison and Munro to describe the removal of popular misconceptions about rape. The paper contextualises that discussion with reference to the idea of the male gaze and its affirmation of a phallocentric cultural and social world in which the objectification of female difference is entrenched. The paper finally challenges that assessment, however, sketching an alternative approach to visual-critical scholarship that embraces interdisciplinarity and a literary sensibility to break (or at least to loosen) the association between the prurient eye of the male voyeur and the criminal justice gaze.

scholarly journals Enacting an Improved Response to Sexual Assault: A Criminal Justice Practitioner’s Guide

2020 ◽  
Author(s):  
Patricia A. Melton
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Sexual Assault ◽  
Best Practices ◽  
Violent Crime ◽  
Sexual Assaults ◽  
Law Enforcement Agencies ◽  
Violent Crimes ◽  
Serial Offenders

Sexual assault is a violent crime that traumatizes individual victims and endangers entire communities. Every victim of sexual assault deserves an opportunity for justice and access to the resources they need to recover from this trauma. In addition, many perpetrators of sexual assaults are serial offenders who also commit other violent crimes, including armed robberies, aggravated assaults, burglary, domestic violence, and homicides, against strangers and acquaintances. Criminal justice agencies have the power to create a strategic, sustainable plan for an improved response to sexual assault that aligns with current best practices and national recommendations. In this document, we define an “improved response” as an approach that supports effective investigation and prosecution of sexual assault cases, holds perpetrators accountable, and promotes healing and recovery for victims of sexual assault. This guide will help prosecutor and law enforcement agencies create a process with milestones, goals, and suggested actions, all designed to support a successful and sustainable approach for addressing sexual assault cases. Improving the criminal justice system’s response to sexual assault ultimately improves public safety and promotes trust between criminal justice agencies and the communities they serve.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

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