Rape Myths As Barriers To Fair Trial Process

Delve into "Rape Myths as Barriers to Fair Trial Process," a groundbreaking exploration of the courtroom dynamics surrounding adult rape trials. This essential book sheds light on the mutual complexities of the legal system, particularly concerning how outdated rape myths obstruct fair trial processes and contribute to the re-traumatization of complainants. Over a compelling 584 pages, author Elisabeth McDonald presents findings from four years of rigorous research, analyzing 30 adult rape cases from 2010 to 2015 alongside 10 cases from the 2018 Sexual Violence Court Pilot. This invaluable resource scrutinizes the questioning process, focusing on moments of heightened emotionality and the significant challenges posed by cross-examination. With a critical lens, McDonald evaluates the application of current evidentiary rules and proposes reforms aimed at enhancing justice and support for victims. As a legal scholar and a member of the New Zealand Order of Merit, she integrates her deep expertise in sexual violence law, aiming to foster a comprehensive understanding for students, practitioners, and advocates alike. Discover best practices and reform suggestions that could transform the landscape of sexual violence litigation. Perfect for legal professionals, students of law, and advocates for justice, this book is vital for anyone seeking to understand the intersections of law, gender, and victim support. Order now to expand your knowledge on this crucial issue in the justice system.

CONDITION: Brand New
Dimensions: 210 x 296 mm
Pages: 584
Bind: paperback
Author: Elisabeth McDonald
Publisher: Canterbury University Press
Publication Date: 03-06-2020

We are happy to combine shipping. Smartfox NZ is a NZ owned business located in Auckland. This product is in stock in NZ which means no unexpected import charges, custom duty, or tax.

CONDITION: Brand New
Dimensions: 210 x 296 mm
Pages: 584
Bind: paperback
Author: Elisabeth McDonald Publisher: Canterbury University Press
Publication Date: 03-06-2020

‘Rape Myths as Barriers to Fair Trial Process’ opens the courtroom door on rape trials to investigate how and why they re-traumatise complainants. Despite decades of targeted law reform, adult complainants still report that the process of being a witness is a significant point of re-victimisation. This book contains the findings of four years of research that compares the trial process in 30 adult rape cases from 2010 to 2015 (in which the defence at trial was consent) with 10 cases from the Sexual Violence Court Pilot heard in 2018. The aim of the research was to find out at which points in the questioning process the complainant displayed heightened emotionality, including distress, and why cross-examination (in particular) is so resistant to reform measures. Researchers also considered the extent to which the current rules of evidence and procedure are applied appropriately and consistently, and identified examples of best practice in order to develop proposals for changes to law and process. Elisabeth McDonald is a Professor of Law at the University of Canterbury. She has taught and published in the areas of sexual and family violence, law and sexuality, criminal law and the law of evidence for 30 years, as an academic and as the Policy Manager for the evidence law reference at the New Zealand Law Commission. Elisabeth is the author of a number of evidence law textbooks and online legal resources, as well as co-editor of ‘From “Real Rape” to Real Justice’ (2011) and ‘Feminist Judgments Aotearoa: Te Rino, the Two-Stranded Rope’ (2017). In June 2018, she became a Member of the New Zealand Order of Merit for Services to Law and Education.

We are happy to combine shipping. Smartfox is a NZ owned business located in Auckland. This product is in stock in NZ which means no unexpected import charges, custom duty or tax.