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Legal processing of sexual violence cases

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Legal processing of sexual violence cases

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homicide and sexual assault are linked by the idea of violence - both crimes are commonly associated (particularly through the media and stories) with the idea of impulsive violent behaviour; and predatory/dominant perpetrator and weaker/submissive victim

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Intentional murder where the actions of the accused cause the death of another, presence of mens rea. Defences for murder include diminished responsibility, provocation, and self defence. Murder is not policed in some circumstances, such as during war.

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Homicide; murder and manslaughter

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Do these issues apply to crime in other weeks

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Do these issues apply to crime in other weeks

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These issues in terms of public drunkenness apply to that in week 3. This is as the Royal Commission into Aboriginal Deaths in Custody (1991) had already recommended the abolition of the offence of public drunkenness because of the likelihood of deaths in custody resulting from ‘protective orders exercised by police’.

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Illicit drug use can cause other forms of law breaking, such as drug fuelled violence, theft to fund their habits, driving whilst under the influence, etc. Question of how much emphasis the cjs should put on the drug use itself as opposed to these arguably consequential behaviours.

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Readings discussed the benefits of policing illegal substance use, when the major harm is done to the individual user, and not others, and to what extent individual health choices should be governed by legislation. Discusses how stricter penalty should apply to distributors rather than users.

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many Indigenous communities were self-policed with very few road accidents before the increase in police; they don't understand the importance of having a licence apart from the fact that its the 'law'; many young people get pressured into driving by the Elders in the community; obtaining a licence is very difficult for Indigenous people as the test requires intimate knowledge of urban driving situations, which people living in these communities have never been exposed to, and the tests also require a solid knowledge of English

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Illicit drug use and dealing; possession and distribution

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more police brought up to the NT under the reasoning that they were being sent to stop child sexual abuse (NTNER), however the increased police presence resulted in the rise of Indigenous people being fined for minor driving offences

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driving offences, minor offences such as driving unlicensed

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The impact of colonisation upon indigenous populations, and how this impact is reflected today in their interactions with the criminal justice system. As mentioned in the lecture, the 'close the gap' review does not directly reference colonisation as being a factor; however, arguably, colonisation is a primary driver of conflict between indigenous peoples and the Australian/British criminal justice system.

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The Ruth E. Mann & Clive R. Hollin reading highlights the excuses of sexual offenders. It demonstrates that these excuses are commonly the use of drugs and alcohol, emotional problems and nice guy image. None of these excuses are valid but there are similarities between the excuses of many sexual offenders.

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very gendered type of crime, issue of consent, low reporting rates, misconception of the crime within public knowledge (rape myths), ideal victim and ideal perpetrator , grey areas of sexual violence

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the Gunnarsson reading explores the 'grey 'areas' of sexual violence, highlighting the femininist view that there is a lack of accurate language surrounding sexual crimes and that the idea of sexual 'violence' can create a dismissiveness in victim-survivors. it aims to draw the gap between the concepts of sex and sexual violence to promote a better understanding of the nuances between and foster more appropriate responses from society

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Sexual assault, rape, sexual violence, sexual harassment

Crimes are legally defined as (A) person commits (sexual assault, rape, harassment...) against another (B) (to sort of summarise both S40 and S38 of the Crimes Act 1958)

Historically a lot of men/women have experienced a lack of belief in the offence having occurred as noted by the 0.7% of people who are prosecuted for the offence out of the large known number who report to begin with. There have also been further definitions as to what classifies as 'consent', such as a person being unable to when intoxicated or unconscious, which previously were not listed as inabilities to consent and a blank space in the system in which potential offenders could exploit

Some issues particular to this crime is its low success rate in regard to finding guilt of the offender, the scrutiny and lack of belief women and men are put through during the legal process (which can even lead to them no longer pursuing the case) and the PTSD experienced and the inability to provide the appropriate support

Regarding trauma and inability to provide appropriate support to that individual it could be considered a similar issue for the victims in crimes such as homicide (in which the family becomes the secondary victim) and drug related cases, where they may need rehabilitation in which the government may

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Moral panic, and the idea of the 'other;' the media crafted visual of the perfect offender, who must meet certain criteria (purely bad, a stranger to the victim, etc.) In terms of statistics, a viewpoint that statistics are always neutral and objective, thus projecting them as entirely reliable and unbiased.

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Week 6 places a focus on minor crime. These include traffic offences, minor assaults and property damage. These crimes are legally defined as summary offences, but taking on a more broad approach they are generally crimes that are of less seriousness than others. As a result, criminology itself does not place a large focus on studying these crimes. The history of these crimes in Australia for example have steadily increased with time particularly after the introduction of the Norther Territory Emergency Response. As a result, indigenous crime rates escpecially those of such minor offences are on the rise. This links in with earlier focuses such as the media and statistic where there is a clean overpopulation of indigenous us people in the criminal justice system. The readings explore this topic through acknowledging the ethnic disparity of the justice system and well as delving into the issue that colonisation has had on the criminal justice system. Furthermore, it explores cast studies of Lajamanu and Yuendumu where qualitative research was collated to highlight the issue of minor crime and indigenous offending.

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sexual assault, sexual violence, sexual harassment, rape

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How are they different to theories?

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Media representation and crime statistics

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Media representation and crime statistics

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What do you think of my group work idea?

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What do you think of my group work idea?

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You work in your group, every week one group presents an essay plan on the weekly topic.
(Sounds horrible but you get weekly feedback on an essay plan, ideas to use, and clarifications on what not to do).
What do you think?

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How can we tackle the essay question each week? 

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How can we tackle the essay question each week? 

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Brainstorm: How do you integrate this conceptual thinking in your weekly learning?

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Brainstorm: How do you integrate this conceptual thinking in your weekly learning?

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Come up with a plan to tackle the essay question and learn about concepts each week

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Read the essay questions. Decide which actors (colonisation, the media, stats, individual) would be the best to explore with which crime (minor offence, drugs, sexual assault, homicide)

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What are the crimes?
How is this crime defined?
What is the history of this crime?
What are the issues particular to this crime?
Do these issues apply to other crimes in other weeks? How do the readings try to explore the issues?

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Go through subject guide, weekly description & flick through readings the content from week 5 to week 8

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What were the key understandings we wanted you to take away after each week? Why did we assign you these understandings (or what are our intentions)?

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What were the key understandings we wanted you to take away after each week? Why did we assign you these understandings (or what are our intentions)?

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Think about it from the coordinator's point of view

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What are the key concepts (or idea) you learnt in each week? 

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What are the key concepts (or idea) you learnt in each week? 

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List them down here

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Go through content from week 1 to week 4