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Sentencing rape : a comparative analysis / Graeme Brown.

By: Material type: TextPublisher: Oxford [England] : Hart, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Edition: First editionDescription: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509917600
  • 9781509917587
Subject(s): Genre/Form: Additional physical formats: Print version:: Sentencing rapeDDC classification:
  • 345.02532 23
LOC classification:
  • K5197 .B768 2020eb
Online resources: Available additional physical forms:
  • Also published in print.
Contents:
Sentencing Rape : An Introduction to the Study -- The Seriousness of Rape and the Victim's Role in Sentencing -- Technology-Facilitated Sexual Violence and Image-Based -- Sexual Abuse : the Filming of Rape and Sexual Assault -- From Guidance to Guidelines : Rape Sentencing in England and Wales -- A 'Radically Different' Approach : Rape Sentencing in Scotland -- Proportionality and Individualised Justice : Rape Sentencing in the Republic of Ireland -- 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm' : Rape Sentencing in New Zealand and South Africa -- Principled Discretion in Rape Sentencing.
Summary: "This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape; the legal and philosophical literature on the seriousness of the offence; and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to record or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. Building on recent scholarship on judicial decision-making in sentencing and case law comprising over 250 decisions of the relevant appellate courts, the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences"-- Provided by publisher.
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Includes bibliographical references and index.

Sentencing Rape : An Introduction to the Study -- The Seriousness of Rape and the Victim's Role in Sentencing -- Technology-Facilitated Sexual Violence and Image-Based -- Sexual Abuse : the Filming of Rape and Sexual Assault -- From Guidance to Guidelines : Rape Sentencing in England and Wales -- A 'Radically Different' Approach : Rape Sentencing in Scotland -- Proportionality and Individualised Justice : Rape Sentencing in the Republic of Ireland -- 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm' : Rape Sentencing in New Zealand and South Africa -- Principled Discretion in Rape Sentencing.

Abstract freely available; full-text restricted to individual document purchasers.

"This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape; the legal and philosophical literature on the seriousness of the offence; and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to record or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. Building on recent scholarship on judicial decision-making in sentencing and case law comprising over 250 decisions of the relevant appellate courts, the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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