Description
Book SynopsisSexual offences pose severe violations of human rights that necessitate criminal law intervention in every democratic society. Using a holistic and integrated approach, this book examines sexual offenses through criminal law and criminal procedure within different jurisdictions. Impunity or lenient punishment enjoyed by perpetrators appears as a fundamental concern and contribute to low(er) reporting rates. Attrition, from the perspective of criminal law, is not only caused by issues in criminal procedure, like a lack of victim support or insufficient evidence, but is primarily linked to the definition of sexual offences which is hugely influenced by society, culture, and political power. Stereotypes that are deeply rooted in society in the form of common myths such as: victim of sexual offences are always female(s), or sexual offences take place outside of marriage, or that the victim has an obligation to manifest a resistance, or a woman accepting a gift by a man shows she consented to sexual acts and many others that are impediment to combatting sexual violence. These myths are not just maintained by society, but they also affect the victim’s decision to seek justice, as well as the judiciary’s approach to victims and the police’s attitudes towards victims. Using cases and legislation from Croatia, Greece, Italy, North Macedonia, Romania, Serbia, and Turkey, and comparing them to United Kingdom, Germany, the Netherlands and the United States, this book presents peculiarities stemming from society, culture, politics, historical facts and even religion, along with solutions to the global problems of sexual offenses. This book is of interest to scholars studying criminal justice, legal studies, sociology, and cultural studies
Trade ReviewBring those accused of a crime to justice ought to be a paramount goal for any functioning criminal justice system. Violence against woman has plagued different jurisdiction for centuries. However, as an evolved and enlightened society it would be right to expect that this problem to have subsided as our investigations, pre-trial processes and complaint care has improved and evolved. However, as this book readily expresses—there are myriad issues and concerns surrounding the investigation, prosecution and conviction of those accused of sexual offences. In England and Wales alone, there were 52,210 rapes recorded by the police in 2020. Only 843 resulted in a charge or summons—which is an appalling rate of 1.6%. Cases of rape and sexual assault are undoubtedly some of the most challenging and sensitive to prosecute. However, it is clear much more needs to be done in terms of how complainants are treated by those investigating the alleged offence, the pre-trial process and the trial itself. As this book illustrates, problems surrounding this area are not exclusively problematic for England and Wales. This collection offers insight and perspectives from Turkey, Greece, The Republic of North Macedonia, Romania, Republic of Croatia and Serbia—all of whom express deep concern regarding this problematic area. The book is timely and not only looks at difficulties with the law around sexual offences but also how complainants can be better protected and respected as well. These are interwoven issues in this field and needs better recognition. The book goes some way to illuminate these issues and offers examples on how reform can take place. Policy makers around the globe as an issue have recognized gender-based violence and yet, still not enough is being done to tackle this issue and protect those who make allegations of crimes. It is likely this problem has been exasperated by the COVID-19 restrictions and the enforced ‘lockdown’ around the world. Effectively, complainants have been locked in their homes with their attacker. As highlighted in this book, the violence suffered can take many different forms. But it is clear than the powerful issues advanced by this collection needs an equally powerful answer from policy makers.
-- Ed Johnston, University of Northampton
The book edited by Rahime Erbaş faces a global challenge: the “dangerous liaison” between gender stereotypes and criminal law in response to sexual offenses. By carrying out a comprehensive and in-depth analysis, the book offers inspiring insights into high attrition and low reporting rates of sexual offences. Due to the socio-cultural roots of the phenomenon, it is clear that criminal justice response risks being insufficient, as a determined cultural change is the linchpin of the contrast to gender-based violence.
-- Valentina Bonini, Pisa University
Table of ContentsIntroduction by Rahime Erbaş
PART I: Regulating and Prosecuting Sexual Crimes: Some National Examples
Chapter One: Challenges in Regulating Sexual Offences in Turkey by Rahime Erbaş
Chapter Two: Substantive and Procedural Challenges Impeding an Effective Response to Rape: The Example of Greece by Chara Chioni-Chotouman
Chapter Three: Sexual Offences in The Republic of North Macedonia by Nikola Tupancheski, Gordana Lazhetikj, Aleksandra Gruevska Drakulevski and Aleksandra Deanoska Trendafilova
Chapter Four: A Perspective on the Evolution of the Legal Framework of Sexual Offences in Romania by Cristian Dumitru Miheș & Carmen Adriana Domocoș
Chapter Five: Grooming Re-Examined: Protection of Children from Sexual Abuse in The Republic of Croatia by Barbara Herceg Pakšić
PART II: Sexual Crimes with the Dimensions of Gender-Based Discrimination
Chapter Six: Combating Sexual and Gender-Based Violence in Serbia: Post- The Istanbul Convention by Gordana Gasmi and Željko Nikač
Chapter Seven: Sexual Offences within Close Relationships: Victims’ Vulnerability and Criminal Proceedings by Lara Ferla
Chapter Eight: Female Genital Mutilation as a Gender-Based Violence by Francesco Angelone and Angela Caruso
