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The criminal law with respect to rape continues to be a major focus of academic, feminist and community attention. Since the 1970s a number of reforms have been introduced into the statutes and procedures relating to the definition of rape and the conduct of rape cases in the courts. This paper reports on the results of a 1990 Melbourne study, involving first-hand observation and systematic written recording of the entire court proceedings in six rape trials. The intention was to examine the role extra-legal socio-cultural factors play in the presentation and interpretation of accounts given in court and the influence they have on the outcomes. The analysis explores in detail the influence of the following: use of physical force and resistance; alcohol; the victim's social, moral and particularly sexual character, and her relationship with the accused.
Australian & New Zealand Journal of Criminology – SAGE
Published: Dec 1, 1994
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