scholarly journals What Hinders Victims from Reporting Sexual Violence: A Qualitative Study with Police Officers, Prosecutors, and Judges in Hungary

Author(s):  
Katalin Parti ◽  
Robin A. Robinson

While rape historically remains underreported all over the globe, and criminal justice factors contribute to this problem, we investigate unique circumstances that might influence reporting inclinations by Hungarian victims of sexual violence. Among other possible factors, victim-blaming, institutional desensitization, and a lack of trust in the criminal justice system and in the community are discussed. The in-depth interviews (n = 22) with law enforcement and criminal justice professionals conducted in 2018 in Hungary reveal roots of underreporting in the complexities of the criminal justice system: there is a failure to prioritize victims’ needs—mental care services, physical and privacy protection—and a focus instead on solely providing legal justice. The further deficits that can be found among professionals’ attitudes and behaviors in the courtroom are products of the following: a lack of standardized protocols in addressing the needs of victims; a dearth of technical and evidence-based knowledge and training; a lack of supervision and trauma-informed services to practitioners; high caseloads; a focus on the goal of high conviction rates; not providing open communication toward victims; and a shortage of standardized protocols in dealing with victims.

Author(s):  
Philip Whitehead

There is a paucity of empirical research on solicitors, court clerks, magistrates, barristers and judges conducted within the criminal justice system in England and Wales. Even though the research conducted for this chapter is now several years old, it is included and retained because of the valuable insights provided into the era of modernisation. Importantly, it provides insights into what criminal justice professionals perceived of probation during a period of critical change under new labour. Accordingly, this chapter constitutes a slice of criminal justice history, in North-East England, that can be accessed and utilised by other criminal justice researchers. In doing so it is intended to compensate for empirical paucity in this specific domain of interest.


Author(s):  
Corey Rayburn Yung

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.


2018 ◽  
Vol 52 (1) ◽  
pp. 76-93 ◽  
Author(s):  
Alison Gerard ◽  
Andrew McGrath ◽  
Emma Colvin ◽  
Kath McFarlane

Evidence from both Australian and international jurisdictions show that children in residential care are over-represented in the criminal justice system. In the current study, we interviewed 46 professionals who had contact with young people in residential care settings in New South Wales, Australia. Our sample included police officers, residential care service providers, legal aid lawyers and juvenile justice workers, about their perceptions of the link between residential care and contact with the criminal justice system. Factors identified by the participants included the care environment itself, use of police as a behavioural management tool, deficient staff training and inadequate policies and funding to address the over-representation. These factors, combined with the legacy of Australia’s colonial past, were a particularly potent source of criminalisation for Aboriginal children in care.


2018 ◽  
pp. 217-246
Author(s):  
Adam Malka

Slavery in Maryland died during the 1860s, but for all of their promise the changes also brought heartbreak. As Chapter 7 shows, black men’s acquisition of a fuller bundle of property rights and legal protections brought them into conflict with the very criminal justice system built to guard those rights and ensure those protections. White commentators scoffed at black men’s supposed indolence and bristled at their households’ apparent disorder; police officers arrested black Baltimoreans for an expanding list of crimes; and black people, black men in particular, were incarcerated at growing rates. During the years immediately following the Civil War, Baltimore’s policemen and prisons perpetrated a form of racial violence that was different from yet indicative of the violence inflicted by the old order’s vigilantes. Castigated as criminals, freedmen’s legal victories provoked a form of policing reserved for the truly free.


2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  

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.


2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.


Author(s):  
Alexis Forbes ◽  
Kevin L. Nadal

This chapter describes transwomen’s experiences in diverse arenas of the criminal justice system, including law enforcement and corrections. Specifically, it describes transwomen’s encounters with police officers and their mistreatment while in custody. Criminalization, police violence, and micro-aggressions are discussed as strategies for enforcing gender conformity. This chapter highlights the unique social and health care needs of transwomen and their vulnerability to harassment, hate crimes, intimate partner violence, and police profiling in the community. It also discusses recent legal decisions and implications for gender-affirming treatment in detention facilities. Lastly, the chapter provides recommendations for increasing awareness of transwomen’s issues and for promoting gender-affirming practices in diverse arenas of the criminal justice system.


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