Jennifer Temkin

Rape and the legal process

PREFACE ABBREVIATIONS TABLE OF CASES TABLE OF STATUTES 1. Rape, Rape Victims and the Criminal Justice System 2. Defining and Redefining Rape 3. Alternative Approaches 4. Evidence 5. Assisting the Victims of Rape 6. Conclusion SELECT BIBLIOGRAPHY INDEX

Reporting Rape in London: A Qualitative Study

In the 1980s, in response to public criticism of police handling of rape cases, changes of style and procedure were initiated by the Metropolitan Police. Other forces followed suit. But there has been little research to monitor the impact of the new regimes. This article looks at the responses of a group of women who reported rape in 3 Area (North East) of the Metropolitan Police District during the years 1993 to 1995 with a view to ascertaining their reactions to police processes and to gauging those aspects of their contact with the police which they regarded as particularly positive or negative. The article suggests that, given the vast increase since the 1980s in the number of rapes being reported annually, particularly in the Metropolitan Police District, a fresh look may need to be given to current police systems.

Prospective lawyers’ rape stereotypes and schematic decision making about rape cases

Abstract Two studies explored stereotypic information processing in rape cases by prospective lawyers in Germany. In Study 1, 451 undergraduate law students rated rape scenarios varying with respect to defendant–complainant relationship and coercive strategy (force versus exploitation of the complainants alcohol-induced defencelessness). Acceptance of rape myths was also measured. Likelihood of defendant liability was rated to be lower when there was a prior relationship between the parties and when the defendant exploited the complainants defencelessness as compared to when he used force (except in the ex-partner rapes where blame was higher in the alcohol-related than in the force-related cases). Complainant blame was higher when there was a prior relationship between the parties and was higher in the alcohol-related cases than in the force-related cases, except in the ex-partner rape where the pattern was reversed. Participants with high rape myth acceptance held the defendant less liable and blamed the complainant more, especially when the two had known each other. Study 2 largely replicated these findings with 129 postgraduate trainee lawyers and showed that sentencing recommendations also varied as a function of defendant–complainant relationship and coercive strategy. Providing participants with the legal definition of rape did not reduce reliance on rape stereotypes.

DIGGING THE DIRT: DISCLOSURE OF RECORDS IN SEXUAL ASSAULT CASES

T HE disclosure of confidential records such as those of doctors, counsellors, and therapists may be sought by the defence as a means of undermining the credibility of complainants in rape and sexual assault trials. It is not clear that the procedure under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965, under which disclosure of the records of third parties may be sought, offers sufficient protection for the interests of complainants. This article discusses the weaknesses of section 2 and the implications of public interest immunity as well as Article 8 of the ECHR in this context. It also explores the different approaches taken in Canada, New South Wales and certain American jurisdictions to meet this problem. It concludes by making some suggestions for the amendment of the 1965 Act.

Different Functions of Rape Myth Use in Court: Findings From a Trial Observation Study:

This study examines rape myth use in eight English rape trials and assesses attempts by trial participants to combat it. Trial notes, based on observations, were analyzed using thematic analysis. Rape myths were used in three identifiable ways: to distance the case from the “real rape” stereotype, to discredit the complainant, and to emphasize the aspects of the case that were consistent with rape myths. Prosecution challenges to the myths were few, and judges rarely countered the rape myths. This study provides new insights by demonstrating the ways that rape myths are utilized to manipulate jurors’ interpretations of the evidence.

Pre-Natal Injury, Homicide And The Draft Criminal Code

If a baby is born alive only to die some time afterwards from pre-natal injury, for what crime is the perpetrator liable? Coke considered that if the injury was caused after quickening by an attempted abortion or by a violent assault upon a pregnant woman, the answer to this question was murder, even if the defendant did not intend or foresee death or serious injury to a fully-born child. The purpose of this article is to evaluate Cokes rule together with the authority in support of it and to consider whether, if it still exists today, it ought to be incorporated in the proposed Criminal Code.