Adversarial Justice and Victims' Rights: Reconceptualising the Role of Sexual Assault Victims

Author: Mary Iliadis
Publisher: Routledge
ISBN: 9780367204181

Published In: May 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367491529

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Description
Contents

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The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. This book explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims’ procedural and substantive justice concerns. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book also considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, this book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims’ experiences of the legal process.

Reconceptualising the role of sexual assault victims from ‘witnesses’ to ‘participants’ will also increase the likelihood that victims’ rights and interests will be considered alongside those of the state and the accused.This book situates its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems and outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims’ Rights will interest academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as undergraduate and postgraduate students researching sexual violence and victims’ access to justice.

Chapter 1: Introduction

Chapter 2: Tracing the interest in victims, victims’ rights and sexual assault law reform

Chapter 3: Procedural justice

Chapter 4: Providing a check on prosecutorial decision-making

Chapter 5: Separate legal representation for victims under section 34 of the Sex Offenders Act 2001 (Irl)

Chapter 6: Victim participation through the SACVR

Chapter 7: The prospect of ILR for sexual assault victims within Victoria’s criminal prosecution process

Chapter 8: Concluding comments

References

Appendices

Index