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Sentencing Rape: A Comparative Analysis

Sentencing Rape: A Comparative Analysis

作者： Graeme Brown
出版商： Hart Publishing
ISBN: 9781509917570
出版时间 May 2020
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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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.

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