In the 1980s, Canada witnessed a public outcry over child sexual abuse cases. Elected officials sought a remedy through legal reforms. Amendments were made to the Criminal Code of Canada and sexual assault was redefined. The word "rape" was replaced with a continuum of categories intended to reflect the full range of sexually intrusive behaviours. Margaret Wright examines how the courts have dealt with child sexual abuse cases since then. She demonstrates that although the laws may have changed, their interpretation still depends on the social construction of children and on judges' own understanding of what constitutes child sexual abuse.

The historical context of family violence is explored, as well as the various forms of violence, their prevalence in specific stages of life, and responses to it made by the criminal justice system and other agencies. The linkage among child abuse, partner violence and elder abuse is scrutinized, and the usefulness of the life-course approach is couched in terms of its potential effect on policy implications; research methods that recognize the importance of life stages, trajectories, and transitions; and crime causation theories that can be enhanced by it.

This Handbook provides students and researchers with a broad overview of existing literature in many areas of legal decision-making, including examples of decisions made by different professionals. Inspiring future research and practice, it will interest those in psychology, sociology, criminal justice, and more.

A devastating account of how Australia’s family courts fail children, families and victims of domestic abuse The family courts intimately affect the lives of those who come before them. Judges can decide where you are allowed to live and work, which school your child can attend and whether you are even permitted to see your child. Lawyers can interrogate every aspect of your personal life during cross-examination, and argue whether or not you are fit to be a parent. Broken explores the complexities and failures of Australia’s family courts through the stories of children and parents whose lives have been shattered by them. Camilla Nelson and Catharine Lumby take the reader into the back rooms of the system to show what it feels like to be caught up in spirals of abusive litigation. They reveal how the courts have been politicised by Pauline Hanson and men’s rights groups, and how those they are meant to protect most – children – are silenced or treated as property. Exploring the legal culture, gender politics and financial incentives that drive the system, Broken reveals how the family courts – despite the high ideals on which they were founded – have turned into the worst possible place for vulnerable families and children. Camilla Nelson is an associate professor in media at the University of Notre Dame Australia. A former Walkley Award winner, her writing has appeared in The Conversation, The Independent, Guardian Australia, Mamamia, Marie Claire and the ABC. Broken is her fifth book. Catharine Lumby is a media professor at the University of Sydney. She has a law degree, is the author of six books and has written for The Guardian, The Sydney Morning Herald, ABC-TV and The Bulletin. 'What happens to kids in our family law system should be a national scandal – and yet, so few people know about it. This book finally lifts the lid on this broken system, and shows how this once-great institution now regularly orders children to see or live with dangerous parents, and bankrupts the victim-parents trying to protect them. An urgent call to action.'—Jess Hill, author of See What You Made Me Do 'This searing review of Australia’s family court system is in turns heartbreaking and enraging. Drawing on recent cases and interviews, it shows how family violence continues to be misunderstood and how violent perpetrators are able to manipulate the legal system. It reveals that too often children are not heard, sometimes with devastating outcomes. This book is an urgent appeal: we must do better.'—Professor Heather Douglas, author of Women, Intimate Partner Violence and the Law

Forensic Psychology: Emerging Topics and Expanding Roles is designed to present the current state of the field, in terms of law, ethics, research and practice. Reflecting the efforts of almost 50 expert contributors, this comprehensive reference provides a basis for conducting forensic mental health assessments consistent with the state of the field as it currently exists and the standard of care that is emerging. This must-have resource contains coverage of: Mainstream topics such as civil commitment, termination of parental rights, and federal sentencing evaluations Psycho-legal topics such as clergy and teacher sexual abuse, elder abuse, and end of life issues The appropriate application of instruments frequently used in clinical psychology to address psycho-legal issues Ideal for forensic mental health professionals, civil and criminal attorneys, and advanced students, Forensic Psychology: Emerging Topics and Expanding Roles is the definitive comprehensive reference in the field. "Alan Goldstein has his finger on the pulse of forensic psychology. He and his A-list contributors showcase a striking array of classic conundrums and budding courtroom controversies. Remarkably, their analysis is as deep as their coverage is broad. There are two or three works that simply have to be on the shelf of every forensic psychologist. This book is one of them."

The chapters in this book are intended to describe what is known and what is not known in several specific areas of childhood abuse. The opening interview with Roland Summit gives readers an opportunity to get acquainted with a pioneer in the field. An instrumental force in the study of child sexual abuse, Summit has indelibly impacted the work of the remaining authors and the field in general. The interview provides a personal and historical view of the development of the field and identifies problems and issues all professionals should be prepared to deal with.a"

Memory and Sexual Misconduct: Psychological Research for Criminal Justice investigates the veracity of memories of sexual misconduct and the factors that may influence accurate recall, and fundamentally assesses whether psychological science can help the criminal justice system in determining which accusations are likely to be accurate, and which are not. In recent years, the public has been inundated with announcements of sexual assault allegations, in particular against public figures like politicians, businessmen, movie moguls, and professional athletes. Many of these accusations concern events that occurred several years prior to their announcements and trials. Drawing upon a compilation of real-life sexual assault cases and psychological science on recall and sexual trauma, this book provides an analysis of memory reports of sexual misconduct, including inappropriate comments, behaviors, harassment, and assault. It compares these memories with other types of memory, such as flashbulb memories, co-witness conformity memory, and autobiographical memory. Memory and Sexual Misconduct helps readers interpret the role of emotion, the level of detail, and the possible distinction between someone remembering a past event and believing the past event occurred. By providing a thorough evaluation of the likelihood that misconduct memories are accurate and investigating factors that affect this accuracy, Memory and Sexual Misconduct is an invaluable text to both the criminal justice system and the general public, particularly as sexual misconduct allegations of past events continue to come to light.

A team of educators, counselors, and scholars examine the widespread problem of sexual assault and abuse in the United States from a legal, criminal justice, psychological, clinical, and legislative perspective. The statistics on sexual abuse in the United States suggest that such crimes are perceived as socially acceptable, despite laws to the contrary. Thirty percent of women are battered at least once in their adult lives, while four million girls and women are trafficked annually. Seventy-five percent of employed battered women are harassed at their jobs by abusive husbands or lovers and half of them are murdered by these mates. At least twenty percent of women have been victimized by incest. Victims of Sexual Assault and Abuse serves as a reference guide for professionals working with victims and perpetrators. Topics addressed include assault within marriage, courtship violence, abducted and runaway youth, violence against pregnant women, cyberspace violence, and sexual harassment of students and employees. This multivolume set promotes legislation to break the cycles of violence and dispels myths about victims and perpetrators. Preventative programs, policies, and educational programs are emphasized.

Western feminists have long treated the rule of law as an essential ingredient of social justice; however, as the contributors to this collection remind us, meaningful justice remains out of reach for many women and racialized minorities precisely because the law turns a blind eye to the inequities that structure their daily lives. In fourteen chapters that open vital debates about the erosion of the welfare state and the media's complicity in concealing political injustice, Within the Confines details the brutal ironies of a society that criminalizes the vulnerable while absolving the elite. Distinctive in its focus on Canada, the book traces the linkages among racial, ethnic, sexual, and economic vulnerability and reveals the inadequacies of legislative approaches to socio-historical problems such as drug trafficking, homelessness, infanticide, and the legacies of settler colonial violence. In accessible prose, the authors dismantle the myths behind topics that are often sensationalized in the media-pornography, single motherhood, sex work, filicide, gangs, domestic abuse, prison conditions, HIV nondisclosure-and present alternative arguments that expose the justice system's role in widening the gap between the rich and the poor. What emerges is a poignant challenge to the neoliberal fable that women and minorities in Western democracies now enjoy full equality and an urgent call to action for those who seek to shift institutional norms in more equitable directions. A valuable resource for a wide range of fields, including criminology, sociology, social anthropology, gender studies, political science, social work, and legal history, this multidisciplinary volume offers a fresh perspective on the disturbingly predictable judgments that criminalized women face in Canada.

This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.