The future of research in legal studies is almost guaranteed by the fact that in order for our society to function and not fall in to anarchy, there will always exist a legal system. Legal systems are flawed institutions that require constant reform based on changing societal values. It is the ongoing research on changing societal values which helps inform government bodies and legal institutions on have they can reform the law to improve justice and create a safe and fair society. This essay uses the example of cases of rape and sexual violence, which have changed with the rise of feminism throughout recent history. It draws in to question the problems with rape and sexual violence trials in Australia which are causing low reporting rates
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Victims of rape can be exposed to invasive and traumatic lines of questioning in the courtroom with regard to their sexual history, their actions on the night in question and . Cross-examination is due process in criminal trials and is codified by the Evidence Act 2008 which dictates that witnesses, including victims, who are deemed competent to give evidence are compelled to do so. This subjects a victim of rape to lines of questioning from the defence’s lawyer, whose main objective is to discredit their story and cast doubt in to the mind of jurors. Oftentimes a female victim’s sexual history, drinking habits and lifestyle choices including the way they dress or the places they choose to socialise are called in to question. As Adler states in Rape on Trial “The defence at a rape trial uses a number of strands to attack and to undermine the woman’s evidence and to shake her story, all of which would be considered totally unacceptable if she had reported, say, a serious non-sexual assault” (1987, p. 53). This line of questioning has been labelled “revictimization” or “rape of the second kind” (Conley and O’Barr, 1998, p. 16), as it forces victims to relive their experience in a public space such as the courtroom. The courtroom exchanges can escalate from questions to borderline public shaming as lawyers begin to blame women for …show more content…
There is a gap in the research in terms of how this power imbalance could be addressed by applying professional jurors to the criminal justice process. By employing professional jurors in rape trials, the victim could be more confident that they were void of prejudice and were aware of the legal definitions of important terms such as “rape” and “consent”. Some consideration has been given to using professional jurors in civil disputes (Luneburg & Nordenberg, 1981) but the idea is kept separate from criminal procedure. This is one area of legal research that could use considerable more attention in order to provide a safe avenue for rape victims to seek justice and raise conviction rates in
Victims of rape can be exposed to invasive and traumatic lines of questioning in the courtroom with regard to their sexual history, their actions on the night in question and . Cross-examination is due process in criminal trials and is codified by the Evidence Act 2008 which dictates that witnesses, including victims, who are deemed competent to give evidence are compelled to do so. This subjects a victim of rape to lines of questioning from the defence’s lawyer, whose main objective is to discredit their story and cast doubt in to the mind of jurors. Oftentimes a female victim’s sexual history, drinking habits and lifestyle choices including the way they dress or the places they choose to socialise are called in to question. As Adler states in Rape on Trial “The defence at a rape trial uses a number of strands to attack and to undermine the woman’s evidence and to shake her story, all of which would be considered totally unacceptable if she had reported, say, a serious non-sexual assault” (1987, p. 53). This line of questioning has been labelled “revictimization” or “rape of the second kind” (Conley and O’Barr, 1998, p. 16), as it forces victims to relive their experience in a public space such as the courtroom. The courtroom exchanges can escalate from questions to borderline public shaming as lawyers begin to blame women for …show more content…
There is a gap in the research in terms of how this power imbalance could be addressed by applying professional jurors to the criminal justice process. By employing professional jurors in rape trials, the victim could be more confident that they were void of prejudice and were aware of the legal definitions of important terms such as “rape” and “consent”. Some consideration has been given to using professional jurors in civil disputes (Luneburg & Nordenberg, 1981) but the idea is kept separate from criminal procedure. This is one area of legal research that could use considerable more attention in order to provide a safe avenue for rape victims to seek justice and raise conviction rates in