Book review: JENNIFER TEMKIN AND BARBARA KRAHÉ, Sexual Assault and the Justice Gap: A Question of Attitude. Oxford: Hart Publishing, 2008, 258 pp., ISBN 9781841136707, £30 (pbk)
DOI | 10.1177/09646639100190030802 |
Author | Jan Jordan |
Date | 01 September 2010 |
Published date | 01 September 2010 |
Subject Matter | Articles |
391
JENNIFER TEMKIN AND BARBARA KRAHE´, Sexual Assault and the Justice
Gap: A Question of Attitude. Oxford: Hart Publishing, 2008, 258 pp., ISBN
9781841136707, £30 (pbk).
Recognition of the justice gap in relation to criminal justice system responses to
reported rape and sexual assault offences has grown in recent years, as has concern
that the gap itself is so wide it could best be described as a ‘chasm’ (Kelly et al.,
2005). Although there have been increases in the number of recorded offences
involving sexual violence, conviction rates have remained static, with low likelihood
overall of a rape case eventuating in the conviction of the accused. Temkin and
Krahe´’s book is one of the most recent and comprehensive books to tackle this issue,
and their approach makes for compelling, if depressing, reading.
The book is structured around three major sections. The first provides a useful overview
of the research evidence documenting the ‘justice gap’, with material presented from dif-
ferent international contexts. Temkin’s legal background shines through in the clear out-
line of recent law reform measures in England and Wales, while Krahe´’s discipline of
psychology is evident in the analysis of the myths and stereotypes of ‘real rape’ that con-
tinue to be dominant. As the authors cogently state, ‘The real rape stereotype is embedded
in the wider context of generalized beliefs about rape that stress the victim’s responsibility
for being assaulted, minimize the seriousness of sexual assault and exonerate the perpetra-
tor’ (p. 50). The final part of this section examines the ways in which this and other stereo-
types influence jury decision-making, showing how naı¨ve the belief is that juries represent
rational-thinking individuals committed to an objective assessment of the facts as set out
before them. The need for juror education is addressed here, along with consideration of
the advantages and potential pitfalls of introducing expert testimony in rape...
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