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Journal of Sexual Aggression
An international, interdisciplinary forum for research, theory and practice
Volume 17, 2011 - Issue 3
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Debate: Two steps forward and two steps back: Rape investigation and prosecution in the wake of the Stern Review

Here we go round the review-go-round: Rape investigation and prosecution—are things getting worse not better?

Pages 234-249 | Published online: 04 Oct 2011
 

Abstract

Despite numerous reviews, reports and commissions of inquiry, the investigation and prosecution of rape cases remains fraught. Victims are still ambivalent about reporting incidents of sexual violence, while those who do often struggle to be believed and have their cases progress through justice systems. This paper explores some of the reasons why promised reforms materialise so rarely into tangible benefits for the majority of rape complainants, and focuses on six areas: reporting, attrition, adversarial justice systems, victim support, specialisation and attitudes. These are canvassed with particular reference to examples from England and New Zealand demonstrating the barriers to substantive reform and the ways in which gender inequalities and patriarchal beliefs continue to impact upon both the prevalence of sexual violence as well as state responses to its occurrence. The paper contains a cautionary message regarding the potential dangers involved in accepting the rhetoric of reform while the underlying realities remain little changed.

Acknowledgements

Engaging in this debate has been a rewarding and stimulating experience, thanks to the enthusiasm of Jennifer Brown and Kate Cook. That these papers materialised is due in large part to the ongoing patience and encouragement received from Miranda Horvath. I also want to acknowledge Liz Kelly for the many ways in which she challenges and inspires me to keep thinking and working to end sexual violence.

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