Sentencing rape : a comparative analysis /: a comparative analysis. (2020)

• Record Type: Book
• Further Information: Note: Graeme Brown.
• Authors: (Lawyer), Brown, Graeme
• Contents: 1. Sentencing Rape: An Introduction to the Study The Value of a Comparative Analysis of Rape Sentencing The Analysis of Rape Sentencing A Note on Terminology: 'Victims', 'Survivors', 'Complainants' and 'Complainers' The Scope of this Book An Outline of the Chapters 2. The Seriousness of Rape and the Victim's Role in Sentencing IntroductionThe Physical Effects of Rape Physical Injury and Multiple Perpetrator Rape The Psychological Effects of Rape The Physical and Psychological Effects of Male-on-Male Rape A 'Unique Violation' – The Wrongness of RapeThe Court's 'Duty to Understand' in Sentencing Rape Hearing the Victim: The Use of Victim Statements in Sentencing Rape 3. Technology-Facilitated Sexual Violence and Image-Based Sexual Abuse: The Filming of Rape and Sexual Assault IntroductionTechnology-Facilitated Sexual Violence and Image-Based Sexual Abuse Why do Offenders Film Rape and Sexual Assault? The Production of 'Pornography' Further Humiliation of the Victim The Compulsion to Document The Convergence of the Three Trends and MotivationsThe Filming of Multiple Perpetrator Rape The Effect on the Victim The Effect on the Victim as a Factor in Sentencing: Recent Appellate Decisions Empirical Studies of Technology-Facilitated Sexual Violence The Response of the Courts and the Legislatures England and Wales Scotland Other Jurisdictions 4. From Guidance to Guidelines: Rape Sentencing in England and Wales IntroductionFrom Billam to the Definitive Guideline: The Development of Rape Sentencing Guidelines in England and Wales The First Phase – The Roberts and Billam Guidelines The Second Phase – The Millberry Guidelines The Third Phase – The Sentencing Guideline Council's Definitive Guideline on the Sexual Offences Act 2003 The Fourth Phase – The Sentencing Council's Definitive Guideline ..........83Rape Sentencing and Plea-based Sentence Reductions 5. A 'Radically Different' Approach: Rape Sentencing in Scotland IntroductionPragmatism, Flexibility and Individualisation: How Scottish Judges Sentence The Traditional Approach to SentencingThe Move Towards Sentencing Guidelines in ScotlandThe Use of English Sentencing Guidelines as a 'Cross-Check' The Scottish Sentencing Council Early Appellate Guidance on Rape Sentencing Limited Appellate Guidance and the Crown's Request for Sentencing Guidelines: The Decision in ShearerThe Three-and-a-half-year 'Benchmark': The Courts' Use of Shearer as an Anchoring Point The Shearer Benchmark – A Comparison with Canadian Sentencing Practice Sexual Assault under the Canadian Criminal Code The Three-Year Starting Point in Sandercock The Sandercock Starting Point and the Intoxicated Victim Appellate Views on Sentencing Relationship and Acquaintance Rape: The Decisions in Ramage and Petrie Towards Improved Reasoning in Rape Sentencing: The Decision in Cooperwhite The Need for Consistency and Predictability in Sentencing Rape: The Majority View in Cooperwhite Judicial Sentencing Discretion 'Soundly Exercised'? Lord Eassie's Partial Dissent in Cooperwhite Reflecting 'Modern Thinking' on Relationship Rape: The Decision in SSK Further Developments in Rape Sentencing: The Decisions in AB and Collins Considerations in Sentencing Oral Rape – The Crown Appeal in AB Sentencing Sexual Offences Committed in Abuse of a Position of Trust – The Crown Appeal in Collins The Sentencing Range for Rape in Scotland 'Too Generous and Too Readily Given'? Guilty Plea Discounts in Sentencing Rape The Development of Guilty Plea Discounting in Scotland Limiting the Discount in Rape Sentencing – The Decision in Murray 6. Proportionality and Individualised Justice: Rape Sentencing in the Republic of Ireland IntroductionSentencing in the Republic of Ireland A 'Quiet Revolution' – The Court of Criminal Appeal's Guideline Judgments in Ryan and Fitzgibbon The Guideline Judgments in Casey and Casey and Mahon The Judicial Council Bill and the Sentencing Guidelines and Information Committee The Principle of Proportionality Sentencing Methodology – The Two-Tiered Approach Sentencing Rape The Decision in Tiernan The Application of the Tiernan Principles A Feminist Critique and Re-writing of Tiernan 'Lenient', 'Ordinary', 'Severe' and 'Condign' Punishments – The Decision in Drought 'Ripples on a Lake' – Further Appellate Recognition of the Harm Caused by Rape Marital and Relationship Rape Recent Reviews of Sentencing Practice Rape Sentencing and the Guilty Plea Discount 7. 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm': Rape Sentencing in New Zealand and South Africa IntroductionRape Sentencing in New Zealand The Crime of Rape in New Zealand Sentencing Practice, Guidance and Methodology in New Zealand The Sentencing Act 2002 and the New Zealand Sentencing Council Sentencing Guidelines for Rape: The Decision in R v AM An Assessment of the AM Guidelines Rape Sentencing in South Africa The Crime of Rape in South Africa A 'Dual Sentencing System': An Overview of South African Sentencing Practice Judicial Discretion and 'The Triad of Zinn': The Traditional Approach to Sentencing in South Africa The Criminal Law Amendment Act 105 of 1997: Mandatory and Minimum Sentences for Rape 'Sentencing Cliffs', False Perceptions of Leniency and the 'Worst Category' Test – Systemic Problems with Prescribed Sentences for Rape Guideline Judgments versus Mandatory and Minimum Sentences 8. Principled Discretion in Rape Sentencing Current Issues and the Need to Structure Discretion in Rape Sentencing Mandatory and Minimum Sentences Sentencing Council Guidelines Guideline Judgments 'Principled Discretion' in Sentencing Rape Towards Sentencing Guidelines for Rape Lessons from Non-Guideline Jurisdictions Understanding the Offence The Nature of the Guidelines The Format of the Guidelines Rape Sentencing and the Guilty Plea Discount Concluding Observations.
• Publisher Details: Oxford : Hart Publishing
• Publication Date: 2020
• Extent: 1 online resource
• Subjects: 345.02532; Rape -- Law and legislation -- English-speaking countries; Sentences (Criminal procedure) -- English-speaking countries
• Languages: English
• ISBNs: 9781509917587; 9781509917594
• Related ISBNs: 9781509917570
• Notes: Note: Includes bibliographical references and index.; Note: Description based on CIP data; resource not viewed.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.