The Criminalization of Violence Against Women (eBook, ePUB)

Comparative Perspectives
Redaktion: Douglas, Heather; Walklate, Sandra; Goodmark, Leigh; Fitz-Gibbon, Kate

• Format: ePub

Produktbeschreibung

Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 1. Oktober 2023
• Englisch
• ISBN-13: 9780197651865
• Artikelnr.: 68981439

Autorenporträt

Heather Douglas is Professor, Melbourne Law School, The University of Melbourne, Australia Kate Fitz-Gibbon is Professor of Social Sciences and Director, Monash Gender and Family Violence Prevention Centre, Faculty of Arts, Monash University, Australia Leigh Goodmark is the Marjorie Cook Professor of Law and director of the Gender, Prison, and Trauma Clinic at the Francis King Carey School of Law, University of Maryland, United States Sandra Walklate is the Eleanor Rathbone Chair of Sociology, Social Policy and Criminology, University of Liverpool, England

Inhaltsangabe

* Acknowledgments
* Contributors
* Introduction: Whither Criminalization?
* PART 1: The Criminalization Agenda: "New" Approaches to Old Problems
* 1. The Criminalization of Coercive Control: The Benefits and Risks of
Criminalization from the Vantage of Victim-Survivors
* 2. The Criminalization of Psychological Violence in Brazil:
Challenges of Legal Recognition and Unintended Consequences
* 3. Criminalization at the Margins: Downblousing, Creepshots and
Image-Based Sexual Abuse
* 4. Sexual Violence in Criminal Law: Presumptions, Principles, and
Premises in Relation to the Crime of Negligent Rape
* 5. Criminal Justice Responses to Domestic Violence in Fiji
* PART 2: Criminalization, criminal justice challenges and
consequences.
* 6. Sentencing Aboriginal Women Who Have Killed their Partners: Do We
Really Hear Them?
* 7. United States v. Maddesyn George: The Consequences of
Criminalization for Native Women in the United States
* 8. Prosecuting Intimate Partner Sexual Violence: Reforming Trial
Process by Reimagining the Judicial Role
* 9. "If it's Good for the Goose, it's Good for the Gander":
Perceptions of Police Family Violence Policy Adherence in Victoria,
Australia
* 10. Operationalizing Coercive Control: Early Insights on The Policing
Of The Domestic Abuse (Scotland) Act 2018
* 11. The Consequences of Criminalizing Domestic Violence: A Case Study
of the Non-Fatal Strangulation Offense in Queensland, Australia
* PART 3: Making Sense of Criminalization: Concepts, Context, Activism
* 12. Human Rights Penality, the Inter-American Approach to Violence
Against Women, and the Local Effects of Centring Criminal Justice
* 13. Intersectionality, Vulnerability, and Punitiveness: Claims of
Equality Merging into Categories of Penal Exclusion and Secondary
Victimization
* 14. Dangerous Liaisons: Restorative Justice and the State
* 15. Bureaucratic Violence: State Neglect of Domestic and Family
Violence Victims in Aceh, Indonesia
* 16. Reclaiming Justice: Understanding the Role of the State and the
Collective in Domestic Violence in India.