Sexual Violence on Trial : Local and Comparative Perspectives book cover
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Sexual Violence on Trial
Local and Comparative Perspectives



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ISBN 9780367404277
March 14, 2021 Forthcoming by Routledge
296 Pages

 
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Book Description

Sexual Violence on Trial provides a contemporary critical examination of the investigation, prosecution and cultural contexts of sexual violence. It draws on Northern Ireland as a case study, while also drawing on experiences from other jurisdictions across the United Kingdom and island of Ireland.

Public and academic debates concerning the high-profile ‘Belfast/Rugby Rape Trial’ and the subsequent Gillen review of the arrangements to deliver justice in serious sexual offence cases have been mirrored at a global level with movements such as #MeToo and #TimesUp. This book brings together the perspectives of practitioners and academics to discuss contemporary challenges surrounding the societal and legal framing of sexual violence. It examines key aspects of the criminal justice process including the challenges of supporting victims; of responding to a range of forms of sexual violence such as rape, peer-abuse, intimate partner violence and forced to penetrate cases; as well as alternative perspectives and future reforms. It also considers broader debates including balancing the interests of victims and defendants; the impact of cultural myths and stereotypes; the challenges of the digital age; models of consent; legal representation for victims and anonymity and publicity surrounding trials. 

 

Written by leading authorities in the field, Sexual Violence on Trial will be of great interest to students and scholars of Criminology, Law and Sociology.

Table of Contents


Foreword

Part I: The Criminal Justice Process

1 Sexual Offence Trials in Northern Ireland: The Cultural and Legal Dimensions
Rachel Killean, Eithne Dowds and Anne-Marie McAlinden

2 Reflections on Practice: Experiences of Providing Care to Victims in the Rowan Sexual Assault Referral Centre in Northern Ireland
  Gail Jackson       

3  Sexual Crime – A Policing Perspective
Zoe McKee

4 Serious Sex Offences in England and Wales: Defending the Indefensible
 Jeremy Dein and Luke Marsh

5 Supporting Victims through the Trial Process
     Geraldine Hanna

6 Sexual Offence Trials: The Practical Challenges for a Judge Tasked to Deliver Justice.
     Judge Patricia Smyth
 
Part II: Social and Cultural Influences
7  Asking for It: How Rape Myths Can Prejudice Trials and Potential Solutions
 Rosie Cowan

8  Forced to Penetrate Cases: Deconstructing Myths and Stereotypes
         Siobhan Weare

9 Harmful Sexual Behaviours Among Children and Young People On-Line: Cultural and Regulatory Challenges
 Elizabeth Agnew and Anne-Marie McAlinden

10 Exploring Intimate Partner Sexual Violence: A Practitioners Perspective
 Sonya McMullan

11 A Hierarchy of Masculinity and Sexuality: Gendering the Police, and the Obfuscation of Policing Sexual Violence Against Non-Heterosexual Victims
Aliraza Javaid

Part III: Comparative Perspective

12 Regulation of Media and Social Media Comment on Rape Trials: Achieving Best Practice
 Susan Leahy

13 Rethinking Affirmative Approaches to Consent: A Step in the Right Direction
 Eithne Dowds

14 Legal Representation for Sexual Assault Complainants
 Rachel Killean

15 Restorative Justice after Sexual Violence: An International Perspective
 Marie Keenan

16  Challenges in the Investigation and Prosecution of Rape and Serious Sexual Offences in Scotland    
 Michele Burman and Sandy Brindley


Part IV: Alternative Perspectives and Future Reforms

17  Contextualising Violence: An Anti-Carceral Feminist Perspective
 Gillian McNaull

18 Breaking the Silence to End the Violence: ‘Speaking Out’ as Feminist Strategy
 Tanya Serisier

19  Cultural Scaffolding and the Long View of Rape Trials
Olivia Smith

20 Putting Sexual Violence on Trial: Challenges and Future Directions 
Eithne Dowds, Anne-Marie McAlinden and Rachel Killean


Index

 

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Editor(s)

Biography

Rachel Killean is Senior Lecturer in Law at Queen’s University Belfast.

Eithne Dowds is Lecturer in Law at Queen’s University Belfast.

Anne-Marie McAlinden is Professor of Law and Criminal Justice at Queen’s University Belfast.

Reviews

"This collected edition explores the nuances and complexities associated with addressing sexual violence in Northern Ireland – a jurisdiction that has been overlooked by scholars but offers a unique perspective on the challenges inherent in criminal justice responses to rape and sexual assault. Impressive in scope, it brings together perspectives from support services, legal practitioners and academics while at the same time connecting the Northern Irish context to broader global efforts and debates about rape law reform and feminist activism. In an era where rape is irrefutably on the public agenda following the Global #MeToo movement, Rachel Killean, Eithne Dowds and Anne-Marie McAlinden have collated an insightful, compelling and rigorous collection of perspectives whose attention is forward-focused on legal, social and cultural change in ways that place survivors’ voices and experiences at the centre of the discussion. The accessibility and importance of this collection is such that it is a must-read for anyone working in the field of sexual violence, and is deeply relevant to academics and practitioners around the world not just those situated in Northern Ireland." 

Rachel Loney-Howes is a Criminologist in the School of Health and Society at the University of Wollongong, Australia. Her research explores the nexus between activism, support services and criminal justice responses to sexual violence. She is the author of "Online Anti-Rape Activism: Exploring the Politics of the Personal in the Age of Digital Media" (2020) and co-editor of "#MeToo and the Politics of Social Change" (2019).

"In Sexual Violence on Trial, Rachel Killean, Eithne Dowds and Anne-Marie McAlinden have successfully produced a thoroughly rich and rewarding resource for students, academics, and policy-makers alike. Through dialogue across academic and practitioner perspectives, the chapters within this collection carefully expose and examine the myriad challenges that too many complainants of sexual violence continue to face in securing justice: from initial reporting, to police and forensic investigation, prosecutorial decision-making, and the criminal trial itself. The book is grounded by the unique context of reformist ambitions in Northern Ireland, ignited by the recent Gillen Review, but contributions are consistently and impressively informed by a wealth of international and comparative insights which ensure that they also transcend those jurisdictional bounds. Chapters reflects powerfully on – amongst other things - feminist activist strategies for rape reform, the tenacity of myths and cultural scaffolding of sexual violence, and potential for alternative or additional forms of redress, outside the criminal justice process. In my view, this excellent book – both as individual chapters and as a collectivity – deserves to be read and engaged with widely, by scholars, students, practitioners and activists internationally."

 Vanessa Munro is Professor at the School of Law, University of Warwick. With funding from the ESRC, Nuffield Foundation, and British Academy, she has conducted extensive research into law and policy responses to sexual violence. In 2010, she was awarded a Philip Leverhulme Prize in recognition of outstanding research achievement, and in 2016 she was nominated and accepted as a Fellow of the Academy of Social Sciences. She is currently co-ordinating the Scottish Feminist Judgments Project with Professor Sharon Cowan and Dr Chloë Kennedy (Edinburgh), and working with Professors James Chalmers and Fiona Leverick (Glasgow), and colleagues from IPSOS Mori, on a Scottish Government funded project on jury decision-making. She has also recently completed an ESRC funded project with REFUGE on Domestic Abuse and Suicidality.

"Grounded in the work of those directly involved in responding to sexual violence in support services, investigation and legal process and informed by in-depth academic research this unique text situates sexual violence in Northern Ireland within an international context. Reflecting socio-political campaigns and foregrounding survivors’ experiences, it challenges the adequacy of recent law reform, given the exploitative social, political and cultural realities of gendered, sexualised relations – realities reproduced in popular discourse and persistent myths that diminish the pain of sexual violence, violation and rape. Drawing on international initiatives, it explores the potential of anti-carceral alternatives to regulation and punishment informed by current debates in feminist analyses."

Phil Scraton is Professor Emeritus, School of Law at Queen's University Belfast, and Director of the Childhood, Transition and Social Justice Initiative. He is a multi-award-winning critical social researcher, known particularly for his investigative work into the context, circumstances and aftermath of the Hillsborough disaster. He has also researched deaths in custody, the marginalisation and criminalisation of children and young people, the politics of imprisonment, and the analysis of disasters and their impact on the bereaved and survivors