Conventional and innovative justice responses to sexual violence

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Title Conventional and innovative justice responses to sexual violence
Author Daly, Kathleen
Journal Name ACSSA Issues
Year Published 2011
Place of publication Australia
Publisher Australian Institute of Family Studies
Abstract Despite 30 years of significant change to the way the criminal justice system responds to sexual violence, conviction rates have gone down in Australia, Canada, and England and Wales.1 Victim/survivors continue to express dissatisfaction with how the police and courts handle their cases and with their experience of the trial process. Many commentators and researchers recognise that the crux of the problem is cultural beliefs about gender and sexuality, which dilute and undermine the intentions of rape law reform.2 These beliefs affect victims adversely, but at the same time, increased criminalisation and penalisation of offenders is not likely to yield constructive outcomes. This paper reflects on the limits of legal reform in improving outcomes for victim/survivors. Given the extent of reform to procedural, substantive, and evidentiary aspects of sexual assault legal cases, we may have exhausted its potential to change the response to sexual assault. We may need to consider innovative justice responses, which may be part of the legal system or lie beyond it.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.aifs.gov.au/acssa/pubs/issue/i12/index.html
Copyright Statement Copyright 2011 Commonwealth of Australia. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 2011
Issue Number 12
Page from 1
Page to 35
ISSN 1833-7864
Date Accessioned 2011-10-03
Date Available 2012-02-10T01:09:07Z
Language en_US
Research Centre Key Centre for Ethics, Law, Justice and Governance
Faculty Arts, Education and Law
Subject Criminology
URI http://hdl.handle.net/10072/41892
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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