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Rape survivors, as witnesses, are partners in the criminal justice process, whether prosecutors acknowledge this or not. Minimizing rape survivors' experiences of a second assault requires that prosecutors become responsive to their key witnesses' realities and motivations and provide greater...
This research examined the language used to describe sexual offenses in 75 British Columbia trial judgments. Since 1983 nonconsensual sexual contact is legally termed as “sexual assault” in Canada, so we tested whether the language in the judgments depicted sexual activity or assault. The most...
Historically the law regarded children as inherently unreliable and made it difficult for them to testify. Since 1975 awareness of child abuse has increased and research has established that children can be reliable witnesses. Governments began to recognize the needs and capacities of children...
The legal doctrines that are in place to protect women and children against male sexual aggression actually operate to minimize the use of the system for redress, and to reduce the impact of the process when it is used. Because the courts are the only means of legal recourse available to women...
Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights. As the Supreme Court of Canada has repeatedly recognized, eliminating myths and stereotypes from the law constitutes an important part of remedying the law's...
The Constitutional guarantee of procedural “due process,” arguably the most essential principle of the American justice system, provides that no person should be deprived of their rights without, at a minimum, notice and an opportunity for a meaningful hearing. Yet the personal rights of crime...
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