The Criminalization of Violence Against Women -

The Criminalization of Violence Against Women

Comparative Perspectives
Buch | Hardcover
344 Seiten
2023
Oxford University Press Inc (Verlag)
978-0-19-765184-1 (ISBN)
73,55 inkl. MwSt
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.

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

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.

Erscheinungsdatum
Reihe/Serie Interpersonal Violence
Verlagsort New York
Sprache englisch
Maße 226 x 160 mm
Gewicht 612 g
Themenwelt Geisteswissenschaften Psychologie
Recht / Steuern EU / Internationales Recht
Recht / Steuern Strafrecht Kriminologie
Sozialwissenschaften Pädagogik Sozialpädagogik
Sozialwissenschaften Soziologie
ISBN-10 0-19-765184-4 / 0197651844
ISBN-13 978-0-19-765184-1 / 9780197651841
Zustand Neuware
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