Abstract
AbstractThe inability of the criminal justice system to respond effectively to rape has led to numerous law and policy reforms in England and Wales. Nevertheless, difficulties remain, with problems often linked to the impact of rape myths and implementation failure. This article, however, adopts a different lens through which to explore the ongoing challenges faced by rape complainants. Drawing on interviews with 14 barristers in the north‐west of England, the article asks: how have rape law and policy reforms impacted practice for this group of practitioners? The findings highlight that numerous tensions emerged from these reforms. In particular, measures that were perceived to be politically driven and well intended were often perceived to generate unanticipated negative consequences for complainants, as opposed to improving their experience. In concluding, we emphasise the importance of a close working practice between the policy maker and practitioner, in order to institute more effective responses.
Highlights
The inability of the criminal justice system to respond effectively to rape has led to the offence remaining high on the political agenda in England and Wales
While we agree with Larcombe (2011) that feminist inspired reform proposals should not focus solely upon increasing the conviction rate, it is significant that some respondents had experienced cases in which an acquittal was considered “perverse.” Insights from this particular group of barristers support the significant evidence base that indicates that jurors in rape cases are influenced by extralegal factors (Carline & Easteal, 2014; Ellison & Munro 2009, 2010a, 2010b; Finch & Munro, 2007; Kelly et al, 2005)
Previous research has examined the issues around the ‘implementation gap’, the influence of rape myths and the difficulties which flow from the adversarial system, the problem of secondary victimisation (Lees, 2002; Stern 2010)
Summary
Carline, A.; Gunby, C. Document Version Peer reviewed version Citation for published version (Harvard): Carline, A & Gunby, C 2017, 'Rape politics, policies and practice: exploring the tensions and unanticipated consequences of well-intended victim-focused measures', Howard Journal of Crime and Justice, vol 56, no. 1, pp. 34-52. https://doi.org/10.1111/hojo.12190
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