Modernisation of the Substantive Law of Consent
Beginning in the 1970s in the USA (Klein, 2015), there have been a number of important reforms to the substantive laws governing sex offences in various countries around the world, including E&W, Scotland, Canada, New Zealand and all Australian states
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Closing the Justice Gap for Adult and Child Sexual Assault Rethinking the Adversarial Trial
Closing the Justice Gap for Adult and Child Sexual Assault
Anne Cossins
Closing the Justice Gap for Adult and Child Sexual Assault Rethinking the Adversarial Trial
Anne Cossins Honorary Professor and former Professor of Law and Criminology Faculty of Law University of New South Wales Sydney, Australia
ISBN 978-1-137-32050-6 ISBN 978-1-137-32051-3 https://doi.org/10.1057/978-1-137-32051-3
(eBook)
© The Editor(s) (if applicable) and The Author(s) 2020 The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: r.classen/Shutterstock This Palgrave Macmillan imprint is published by the registered company Springer Nature Limited The registered company address is: The Campus, 4 Crinan Street, London, N1 9XW, United Kingdom
Contents
1
Introduction
2
The Nature and Effects of Adversarialism: Jury Decision-Making in Sexual Assault Trials
3 4 5 6 7
1 95
Factors That Predict Outcomes in Sexual Assault Trials
121
‘Commonsense’ or ‘Life Experience’: Jurors’ Perceptions of Guilt
153
‘No Means Yes and Yes Means Anal’: The Cultural Climate in Which Sex Offences Are Prosecuted
171
The Nature and Effects of Adversarialism: Sites of Activation for Heuristic Reasoning Processes
245
Modernisation of the Substantive Law of Consent
277
v
vi
8 9
Contents
Cross-Examination in Sexual Assault Trials: Evidentiary Safeguard or an Opportunity to Confuse?
339
Contemporary Reforms to Cross-Examination
425
10 The Problems Facing Reformers of the Sexual Assault Trial 11
12
479
Achieving Best Evidence for Vulnerable Witnesses: The Use of Trauma-Informed Theory to Reform the Se
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