The first comprehensive book on rape since Susan Brownmiller’s
Against Our Will and Susan Estrich’s
Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform in the United States, as well as Australia, Britain, Canada, and New Zealand, and assesses alternative perspectives on rape reform, making use of theoretical models, court cases and statistical data. She uniquely delineates a creative model for change while addressing the discretion that undermines efforts at change. This includes charging the accused and plea bargaining, confronting a lack of transparency and accountability in implementing law, and acquiring funding for such changes.
Table of Content
Contents
Acknowledgments
1. Background to Rape Reform
2. Legal Chnage Sweeps the Nation
3. Failures and Successes
4. Avenues for and Attitudes About Victims
5. The Legal Landscape
6. Affirmative Consent Reform Models
7. Consent and Voluntariness, Agreement/Nonconsent and Involuntariness, Nonagreement
8. Presumptive Nonagreement
9. Mens Rea
10. Applying Recklessness and Negligence
11. Defenses
12. Sexual Assault Under Duress and Fraud
13. Reforming Rape Reforms: Outline of the Model Array
14. Discussion of the Model Array
15. Advantages of a Paradigm Shift
16. Recommendations Complementing the Model Rape Law
17. Moving Forward: Social Institutions, Structures, and Processes
Notes, 291
References, 317
Index, 331
About the author
Susan Caringella is a professor in the Department of Sociology, Criminal Justice Program, and of Gender and Women’s Studies at Western Michigan University. An internationally renowned expert on rape, feminism, and criminology, she is deputy editor of the
Journal of Women and Criminal Justice and an editorial board member for the
Journal of Violence Against Women and
Feminist Criminology.
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