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Author: Kai Ambos
Publisher: Cambridge University Press
Published: 2020-01-16
Total Pages: 507
ISBN-13: 1108483399
DOWNLOAD EBOOK →A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Brianna Chesser
Publisher: Routledge
Published: 2021-12-24
Total Pages: 105
ISBN-13: 1000537927
DOWNLOAD EBOOK →Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
Published: 2016-12-14
Total Pages: 439
ISBN-13: 1443857173
DOWNLOAD EBOOK →The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Author: David W. Selfe
Publisher: Psychology Press
Published: 2001
Total Pages: 324
ISBN-13: 1859416004
DOWNLOAD EBOOK →The second edition of this popular book provides a comprehensive and up to date introduction to the law pertaining to sexual offences. The book evaluates a range of sexual offences by adopting an interdisciplinary analysis of the various relationships which exist between sexual behaviour,legal regulation, the criminalisation process, punishment, social mores and morality. The increasing politicisation of sexual offences will make the text of interest to a wide range of students and practitioners in law, criminal justice, social work, women's studies, probation and politics. The second edition has been updated to take account of the recent 'age of consent' debates and associated measures in the Sexual Offences (Amendment) Act, as well as other major reform proposals in sexual offences generally. The text considers a range of key judicial decisions, including the House of Lords in B v DPP on strict liability and mistakes of age, and the Supreme Court of Canada in Cuerrier on consent and misrepresentation. Recent legislative measures, including the registration requirements imposed on sex offenders under the Sex Offenders Act 1997 and Sex Offender Orders under the Crime Disorder Act 1998, are included.
Author: Cathy Cobley
Publisher: Jordan Publishing (GB)
Published: 2000
Total Pages: 536
ISBN-13:
DOWNLOAD EBOOK →This text concentrates on sex offenders and sexual offending and examines the treatment of, and regulations to be followed for, sex offenders. The issues facing those dealing with such offenders, from arrest to post release supervision, are fully covered and include investigation of sexual offences, trial procedures, sentencing, control, risk assessment, protection of the public, treatment, housing and protection of children and adolescent offenders.
Author: Richard Card
Publisher: Jordans Pub
Published: 2008
Total Pages: 679
ISBN-13: 1846611229
DOWNLOAD EBOOK →Sexual Offences is a major work providing a clear, detailed and authoritative analysis of this complicated area of criminal law. It builds on the success of Sexual Offences: The New Law, which examined in detail the provisions of the Sexual Offences Act 2003. In contrast, this new work deals with all sexual offences along with related evidential provisions and provisions about sentencing and other consequences of conviction of special relevance to sex offenders. The preventative orders which can be made against those who pose a sexual risk are also examined in detail.Full treatment of the recent changes to sexual offences law made by the Criminal Justice and Immigration Act 2008 has been incorporated in the text.Sexual Offences deals with the following substantive law:• general matters relating to sexual offences • non-consensual sexual offences • child sex offences • abuse of position of trust • familial sex offences • child abduction • indecent photographs of children • offences against people with a mental disorder • prostitution • trafficking • preparatory offences • offences against public decencyThe full text of the Sentencing Guidelines Council's Definitive Guideline on the Sexual Offences Act 2003 is included.
Author: Graeme Brown
Publisher: Bloomsbury Publishing
Published: 2020-05-14
Total Pages: 323
ISBN-13: 1509917586
DOWNLOAD EBOOK →This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
Author: Adam Sampson
Publisher: Routledge
Published: 2003-05-20
Total Pages: 164
ISBN-13: 1134905904
DOWNLOAD EBOOK →Sexual crime is a topic of massive public concern. Yet the debate over its causes and the appropriate responses of the criminal justice system is often fuelled by ignorance and prejudice, with little understanding of the reality of sexual crime. Acts of Abuse explores the response of the criminal justice system to this important issue. Its author, Adam Sampson, examines the existing research about the causes of rape and child abuse, the number of offences being committed, and the policy of the courts. He then examines in detail the responses of the probation service and the prison system to the increased number of offenders with which they are being required to deal. Written by a prominent critic of the British penal system, this is the first comprehensive survey of the phenomenon of sexual crime in the British penal context. It will appeal to students and all those with an interest in issues relating to crime and justice.
Author: Wendy Harvey
Publisher: Butterworth-Heinemann
Published: 2001
Total Pages: 308
ISBN-13:
DOWNLOAD EBOOK →Author: Susan Leahy (Law teacher)
Publisher:
Published: 2018
Total Pages: 273
ISBN-13: 9781905536931
DOWNLOAD EBOOK →The topic of sexual offending is a deeply complex and challenging one. In the past number of years, there has been a growing interest in sexual crime with a proliferation of cases provoking controversy around sentencing and continuing questions about the adequacy of the current law. Sexual Offending in Ireland: Laws, Procedures and Punishment offers an accessible and comprehensive account of the relevant law in relation to sexual offending in Ireland. It incorporates an examination of developments in domestic legislation and case law, detailing the substantive and evidentiary rules, as well as sentencing practice and supervision of sexual offenders. Part 1 of the book provides a comprehensive account of the substantive law on sexual offences, covering the primary sexual offences against adult victims, as well as those relating to victims who are under the age of consent or who have limited decision-making capacity. Part 2 looks at procedural issues surrounding trial and evidence. It incorporates a critical analysis of recent developments in evidence-related issues that have arisen in recent years. This part covers the special rules of evidence which apply in sexual offence trials, as well as describing the special procedures which may apply in sexual offence trials to protect victims from secondary victimisation. Part 3 provides a comprehensive examination of how those convicted of sexual offending are sentenced in the Irish courts, and explains the post-release orders and requirements a convicted sex offender may be subject to in the aftermath of imprisonment. The book also discusses the recent reforms introduced under the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Bill 2016, examining the implications these reforms will have upon the trial and punishment of sexual offenses. This is a timely addition to commentary on the law in this unique area. [Subject: Criminal Law, Irish Law, Sexual Offenses]
