The Trial Of Rape Cases

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

American’s encompass diverse opinions on whether a convicted sex offender’s name should be made public. “Although passionately espoused arguments exist on all sides of the issue, very little academic or policy research has been conducted on the actual positive and negative effects of Internet notification” (Irwin, Delson, Kokish, Tobin, 2004, p. 4). According to the research, several causes exist for keeping convicted sex offender’s names private. However, for the purpose of this essay, the writer will investigate the following:

University of Tennessee Knoxville was recently involved in a lawsuit for enabling athletes to sexually assault women by silencing the victims and failing to provide disciplinary actions or even investigation onto the accused. While this is a recent case, this is not the first time this sort of behavior involving a school has been brought into light. One in four women will be sexually assaulted by the end of their undergraduate career (Posluszny). Sexual assault happens throughout society no matter what the gender or age, seeming to be in increasing epidemic over the last few years. While the idea of sexual assault is largely met with public hostility in theory, actions often contradict this. This contradiction lies heavily in a culture that is unwelcoming to the victims and often leads to the perpetrators being tolerated. The existence of rape culture in western society occurs due to the preservation of violent media, patriarchal standards, and the state of the criminal justice system. This culture cannot be improved until we confront each of these problems to their roots.

Any involuntary, unwelcome, and nonconsensual sexual interaction or activity, including touching, kissing, and any type of sexual intercourse would be defined as sexual assault. It is not likely for one to be aware of the law governing sexual assault, until one is placed in a position that requires knowledge of it. (Constance Backhouse, 2016). Rape myths and stereotypes in the Canadian Court system and legislature will be ascertained in the following paper. First, rape myths will be discussed, moreover, it will be shown that regardless of the fluctuations in the Canadian law, sexual assault rates remain high, reporting and conviction rates remain low, and rape myths continue to operate. These rape myths are existing in Canadian universities and in the Canadian Court Houses. Many social constructions that are present in the Ewanchuk case are a result outcome because of the judiciary system and the university system. Furthermore, the rape myth and stereotypes in law and universities can relate to the social constructions of gender, race, masculinity/femininity, and heterosexuality. In this essay the focus will be directed to the Supreme Court of Canada’s decision in R. v. Ewanchuk case, [199] 1 S.C.R. 330, and argue how the rape myths then are still present in today’s society despite feminist attempts to amend criminal laws to be more unbiased in resolving conflicts.

America stands by traditional notions where rape culture is the norm and revolves around society. In particular, when a woman is raped, their actions prior to the incident are usually accounted for their fate of being sexually assaulted. Lately in America, there has been a controversy over women being victim blamed by legal authority in rape cases. These women are slut shammed for allegedly “asking for it” by being intoxicated and having the intention to “have fun”. Because of these accusations of allegedly seeking to engage sexually, rape victims are blamed for initiating the sexual act. An ongoing controversial rape case is the Stanford rape trial of Brock Turner, where the victim was sexually assaulted while unconscious near a dumpster. Turner was convicted for sexual assault, however was only incarcerated for three months. This has recently caused uproar due to justice and retribution not being equally served. The incident occurred near a university campus party; where alcohol was involved and memory loss was present. In addition, she was rushed to the hospital as a rape victim and was examined. Despite complying to use a rape kit and be evaluated, the victim’s accountability is undermined by the leniency of treatment in rape charges. When examining linguistic features of both parties’ written statements, several factors can be analyzed such as each participant’s stance and the credibility of their accounts. In addition, when dissecting a victim’s written account,

The Gazette protected the rights of the victims. Phillip Patterson and Lee Wilkins tell us to use Rawls theory of distributive justice by using the veil of ignorance. They say, “Using the veil of ignorance, the ethical decision maker arrives at what Rawls calls reflective equilibriums where some inequalities are allowed. However, they will be the inequalities that contribute in some significant way to the betterment of most individuals in the social situation.”(Patterson and, Wilkins 120) Public awareness is very important in sexual assault crimes. The people of the neighborhood want to know where the sexual predictors live so they can keep their children safe, but the more important issue is to protect the rights of the victims. They have been through

There are different notions that the society has towards both Brock Turner and the victim, but whether good or bad, this case has sparked many new perspectives and conversations about situations such as this. The article proposes that this is only the first step to developing a culture that does not tolerate sexual violence in any form and a judicial system that deals appropriately with cases that involve sexual assault.

Before the victims movement, victims were ignored in most court systems by the professionals who process criminal cases. Victims were often seen as inconvenient. The victims rights movement has changed this unfair treatment. As time passed prosecutors’ offices in the most jurisdictions spend greater time than they did in the past giving notice to victims and consulting with them about decisions made in their case. The staff of the prosecutors offices and court systems have a responsibility of shepherding victims through the intricacies of the criminal justice system. For example, they send a notice providing information about the systems operation, and to help them secure protection of threatened victims who have suffered harm. Laws have changed to allow victims to be present throughout trials in a number of jurisdictions. Victims information or their voices are heard in court, mainly at sentencing, and at the time guilty pleas are received. All of this has had changed by giving the victim the respect and dignity they need, honoring their participation and

Issue: “Rape” also referred to a sexual assault, under New South Wales Crimes Act 1900 is defined as ‘a person who inflicts grievous bodily harm on another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years’.

It isn’t a family, it’s a felony. Parents who are in custody battles use cases of abuse and neglect to win, so why are rape custody cases so different? There are 19 states that automatically terminate parental rights to attackers that impregnated woman through rape. But what happens if your attacker wasn’t convicted? What if he was found not guilty? Then you have to provide “clear and convincing evidence” that the child was conceived through rape. Does that even make sense? Shouldn’t it be common sense to take away any sort of right to seeing the child if he/she was conceived through forced sex? Things like this make it that much harder for victims to come forward about their assault.

The publication of the sex offender’s information can bring not only consequences to them, but also to their family

However, Julie Doughty does provide that the Dailey Telegraph made no attempt to look for the specific facts of the case . Consequently, one could argue that even though such court reporting restrictions are a problem for the family courts for reporting false stories, the court reporting restrictions in the court of protection do prevent the media from exploiting specific facts of a case that could be just as

As an example of the legal process causing further victimization, I selected the New York case of a young boy who is being forced to testify in court against the man who sexually assaulted him (Beam, 2015). The boy, who was only 11 years old when the assault occurred, now must face his accuser in court and testify about the humiliating sexual abuse he incurred. This appears to be a case where the victim has not only suffered through the crime itself, but also “has ‘gone through hell’ ever since coming forward with the allegations” (Beam, 2015); being faced to testify in open court will only compound the trauma the boy has suffered.

At present, there is no research that has investigated the combined effects of victim race, sexual experience, and alcohol use influencing juror decisions in a rape trial. However, a few studies have examined the joint effects of at least two out of three variables (Dupuis & Clay, 2013; Feild, 1979). As previously mentioned, Field (1979) found that a White victim received the most sympathy from a juror if she was raped by a Black defendant. Thus, the defendant received more punishment. For a Black victim, Black and White defendants received a lesser, yet similar punishment. He also found that sexual experience interacted with the race of the victim, race of the defendant, and the type of rape committed had significantly influenced the jurors. Though Field did not delve much into the joint effect of the race and sexual experience of the victim, he did find other interactions that suggest the answer to this combination. For instance, Field examined the relationship between race of the defendant, victim sexual experience, and victim physical attractiveness. For sexually experienced victims, there was no difference for Black or

The people will not typically be requested to go to this hearing. The magistrates will decide if the case should go ahead and whether the respondent should be held or released on bail until the judgment. The justices’ decisions will also be based on the enough evidence. They may disagree with the CPS and decide that there is not insufficient evidence. If so, they will stop the case. If they agree that there is enough and significant evidence, they will send the case to crown court. According, to the crown court a judge and jury will hear the rape case. Barrister (lawyer in high court) will speak for the (CPS) and for the defendant (the person charged with the crime of rape). The CPS will usually prosecute. After hearing all proofs, the jury