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Rape and the Legal Process

NCJ Number
120991
Author(s)
J Temkin
Date Published
1987
Length
221 pages
Annotation
This book examines some of the difficulties which rape presents for the British criminal justice system and how it could and should be addressing them.
Abstract
The discussion first examines the rape victim's plight and the response of the criminal justice system to it, followed by a review of current rape law in England. The limits of law reform within the existing legal structure of sexual offenses are analyzed. More radical law reform and other means of assisting rape victims are discussed in the remaining chapter. One reform recommendation is that forced sex within the spousal relationship be a rape offense, and another recommendation is that boys under 14 years old not be exempt from rape prosecutions. The abolition of the corroboration warning and the extension of anonymity provisions from the time of offense reporting are also suggested. Crimes such as incest, procuring a woman to have sexual intercourse by threats or false pretences, and administering drugs to obtain sexual intercourse could be extended to cover conduct other than sexual intercourse; and the rules relating to anonymity and sexual history evidence in rape cases could be made to cover a range of sexual offenses. Law enforcement and attitudinal change pertaining to rape are also discussed. 81-item selected bibliography, subject index.