The first comprehensive book on rape since Susan Brownmiller's Against Our Will and Susan Estrich's Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform in the United States, as well as Australia, Britain, Canada, and New Zealand, and assesses alternative perspectives on rape reform, making use of theoretical models, court cases and statistical data. She uniquely delineates a creative model for change while addressing the discretion that undermines efforts at change. This includes charging the accused and plea bargaining, confronting a lack of transparency and accountability in implementing law, and acquiring funding for such changes.
ContentsAcknowledgments1. Background to Rape Reform2. Legal Chnage Sweeps the Nation3. Failures and Successes4. Avenues for and Attitudes About Victims5. The Legal Landscape6. Affirmative Consent Reform Models7. Consent and Voluntariness, Agreement/Nonconsent and Involuntariness, Nonagreement8. Presumptive Nonagreement9. Mens Rea10. Applying Recklessness and Negligence11. Defenses12. Sexual Assault Under Duress and Fraud13. Reforming Rape Reforms: Outline of the Model Array14. Discussion of the Model Array15. Advantages of a Paradigm Shift16. Recommendations Complementing the Model Rape Law17. Moving Forward: Social Institutions, Structures, and ProcessesNotes, 291References, 317Index, 331