An original comparative work looking at the sentencing practice for rape in six important common wealth jurisdictions, England and Wales, Scotland, Northern Ireland, the Republic of Ireland, Victoria in Australia and New Zealand.
1. Sentencing Rape: An Introduction to the Study 2. The Seriousness of Rape and the Victim’s Role in Sentencing 3. Technology-Facilitated Sexual Violence and Image-Based Sexual Abuse: The Filming of Rape and Sexual Assault 4. From Guidance to Guidelines: Rape Sentencing in England and Wales 5. A ‘Radically Different’ Approach: Rape Sentencing in Scotland 6. Proportionality and Individualised Justice: Rape Sentencing in the Republic of Ireland 7. ‘Pragmatism and Individualisation’ versus ‘The Mandatory Minimums Algorithm’: Rape Sentencing in New Zealand and South Africa 8. Principled Discretion in Rape Sentencing
Graeme Brown is a solicitor and Senior Lecturer in Criminal Justice at the University of Aberdeen, UK. He was formerly a professional support lawyer to the Court of Criminal Appeal in Edinburgh, and an Honorary Fellow in Law at the University of Edinburgh, UK.
Sentencing Rape: A Comparative Analysis is a scholarly work,
incorporating a very extensive review of comparative case law and
academic commentary. It comprises an immensely valuable analysis of
the different ways in which guidance has been deployed to
sentencing judges in rape cases in the jurisdictions surveyed, and
the author’s comparative analysis of the differing sentencing
policy positions in those jurisdictions is erudite and impressive.
The author’s writing style is clear and easily accessible, and
without hesitation, I commend this work to anyone interested in
sentencing law and policy generally, and specifically with respect
to rape offences
*Irish Judicial Studies Journal*
This is an important and timely book … a most important resource
for understanding and developing law and practice … a masterly and
comprehensive examination of the subject. It ought to be compulsory
reading for anyone with any part to play in the [sentencing]
process.
*Journal of the Law Society of Scotland*
Sentencing Rape is well written, accessible, and meticulously
researched. Brown offers a thorough review of the historical
development of sexual assault offences and sentencing practices in
each jurisdiction canvassed, highlighting the various aggravating
and mitigating factors that have been, and continue to be, relevant
to judicial decision making … The book is a must-read for anyone
interested in sentencing practices generally, especially those
interested in sentencing reform with respect to sexual
offences.
*Saskatchewan Law Review*
Brown’s work throughout is as meticulous as it is informative …
There is much to learn from in this text, even for those who would
consider themselves reasonably well versed in the area … [T]his
commendable text is well worth reading for anyone with a
professional or academic interest in the area, indeed, if and when
the time does finally come for a guideline judgment on sentencing
rape in Scotland, it is to be sincerely hoped that those presiding
on the bench have it to hand.
*The Edinburgh Law Review*
 |
Ask a Question About this Product More... |
|
