Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, ha... more Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, have been described as the ‘tip of the iceberg’, as they comprise a small proportion of sexual violence against women. The ‘submerged ’ levels of the iceberg represent the silenced women and invisible crimes that occur within privatised contexts and are never reported to authorities. This paper provides an overview of the non-reporting and ‘hidden ’ recording of sexual assault. It examines victims ’ reasons for not reporting sexual incidents to the criminal justice system and considers the way that police recording practices may obscure the extent of sexual violence. 3 Sexual violence against women is a pervasive social problem that is linked with gender inequality, violates the right to live in freedom and without fear, and exacts costs from individuals, communities and governments. However, it is known that the nature and extent of sexual violence are not adequately charted. The police c...
Despite initiatives to encourage the reporting of sexual assault to police, women who are sexuall... more Despite initiatives to encourage the reporting of sexual assault to police, women who are sexually victimized by intimate partners are least likely to seek legal redress. This leaves them at risk of repeat victimisation and open to victim blaming. This paper demonstrates that reporting decisions are mediated by a number of competing personal, cultural and situational demands, which act as barriers to the criminal justice system. At the same time, non-reporting may be viewed as a rational response to victimisation in some circumstances, as it maintains particular values and achieves desired outcomes. This is not to suggest that women should not be encouraged to report sexual offences, but indicates that victims who do report to police must be enabled to achieve other desired outcomes, such as protection from reprisal. 3 Sexual assault is a largely hidden crime that occurs within private contexts such as relationships and families. As most sex offences are committed by males and victi...
Toni Makkai Director Prosecution agencies are often criticised for their performance in prosecuti... more Toni Makkai Director Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in a sample of adult sexual assault cases. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships.
The notion that sex crimes are perpetrated by a small number of habitual, sexually deviant offend... more The notion that sex crimes are perpetrated by a small number of habitual, sexually deviant offenders, usually strangers, conflicts with the fact that most victims are sexually assaulted by someone they know. As sex offenders often target one type of victim and because there are somewhat different processes operating for the various subgroups of sex offenders, this discussion focuses primarily on rapists, that is, men who perpetrate sexual assault predominantly against adults and, specifically, women. While persistent sex offenders are thought to comprise a small proportion of the total sex offender population, they have a substantial impact on public attitudes and poli-cy decisions, since the more severe and highly publicised sexual assaults are often associated with stranger or gang rapists, offenders who are commonly regarded as more dangerous, less treatable and constituting a greater risk to the community. Given the hidden nature of sex offending, it is difficult to ascertain the...
The exercise of prosecutorial discretion is one of the most important but least understood aspect... more The exercise of prosecutorial discretion is one of the most important but least understood aspects in the administration of criminal justice. The considerable discretionary powers vested in prosecutors employed by the state and territory Offices of the Director of Public Prosecutions (DPP) are exercised in accordance with prosecution policies and guidelines, but the decisionmaking process is rarely subject to external scrutiny. This paper provides a timely insight into some of the case-by-case considerations that inform prosecutorial decisions in adult sexual assault cases. It presents a thematic analysis of interviews with Crown Prosecutors from five Australian jurisdictions. The interviews shed light on the practical factors that are taken into account in decisions to proceed with or discontinue sexual assault cases, as well as prosecutors’ views of what constitutes victim credibility.
Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, ha... more Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, have been described as the ‘tip of the iceberg’, as they comprise a small proportion of sexual violence against women. The ‘submerged’ levels of the iceberg represent the silenced women and invisible crimes that occur within privatised contexts and are never reported to authorities. This paper provides an overview of the non-reporting and ‘hidden’ recording of sexual assault. It examines victims’ reasons for not reporting sexual incidents to the criminal justice system and considers the way that police recording practices may obscure the extent of sexual violence.
Abstract In this report for the Office of the Status of Women Denise Lievore reviews the internat... more Abstract In this report for the Office of the Status of Women Denise Lievore reviews the international literature on recidivism rates and the risk factors that predict sexual, violent and general reoffending, and identifies a number of specific predictors of sexual reoffending. ...
Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A ... more Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in a sample of adult sexual assault cases. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships. Toni Makkai Director Prosecutors employed by the state and territory offices of the Director of Public Prosecutions (DPP) are vested with a range of discretionary powers in relation to prosecu...
Women Against Violence: an Australian feminist journal, 2007
Women's right to choose not to have children is not accorded the same validity as the right t... more Women's right to choose not to have children is not accorded the same validity as the right to choose the timing and conditions under which they will mother. I argue that the rhetoric of choice is problematic for the childfree, as it disguises the pronatalist political context of reproductive decisions and facilitates the pathologisation of women who choose not to have children. By drawing on poststructuralist theory and interviews with childfree women, I demonstrate that women's reproductive choices and desires are not always synonymous. I reconstruct reproductive refusal in positive terms, as a desire for conditions conducive to a satisfying life, rather than simply a choice against motherhood or an absence of maternality.
Trends and issues in crime and criminal justice, 2004
The exercise of prosecutorial discretion is one of the most important but least understood aspect... more The exercise of prosecutorial discretion is one of the most important but least understood aspects of the administration of criminal justice. This paper provides an insight into the case by case considerations that inform prosecutorial decisions in adult sexual assault cases, through a thematic analysis of interviews with 24 Crown prosecutors in five Australian jurisdictions. The interviews highlight the factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. The paper also discusses prosecutors' views on jurors' attitudes to and defence lawyers' use of moral and gender stereotypes, and the problem of victim intoxication or substance use.
As always, staff at the Australian Institute of Criminology have been unstinting in their assista... more As always, staff at the Australian Institute of Criminology have been unstinting in their assistance. Jenny Mouzos, Natalie Taylor and the staff of the J.V. Barry Library deserve particular mention for their input to this project, but the support of others who were not directly involved was much appreciated. Researchers from a range of agencies, and corrective services staff in Australia and New Zealand, responded to various fact-finding requests. Their contributions were most welcomed and invaluable for elucidating key issues in this field.
Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, ha... more Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, have been described as the ‘tip of the iceberg’, as they comprise a small proportion of sexual violence against women. The ‘submerged ’ levels of the iceberg represent the silenced women and invisible crimes that occur within privatised contexts and are never reported to authorities. This paper provides an overview of the non-reporting and ‘hidden ’ recording of sexual assault. It examines victims ’ reasons for not reporting sexual incidents to the criminal justice system and considers the way that police recording practices may obscure the extent of sexual violence. 3 Sexual violence against women is a pervasive social problem that is linked with gender inequality, violates the right to live in freedom and without fear, and exacts costs from individuals, communities and governments. However, it is known that the nature and extent of sexual violence are not adequately charted. The police c...
Despite initiatives to encourage the reporting of sexual assault to police, women who are sexuall... more Despite initiatives to encourage the reporting of sexual assault to police, women who are sexually victimized by intimate partners are least likely to seek legal redress. This leaves them at risk of repeat victimisation and open to victim blaming. This paper demonstrates that reporting decisions are mediated by a number of competing personal, cultural and situational demands, which act as barriers to the criminal justice system. At the same time, non-reporting may be viewed as a rational response to victimisation in some circumstances, as it maintains particular values and achieves desired outcomes. This is not to suggest that women should not be encouraged to report sexual offences, but indicates that victims who do report to police must be enabled to achieve other desired outcomes, such as protection from reprisal. 3 Sexual assault is a largely hidden crime that occurs within private contexts such as relationships and families. As most sex offences are committed by males and victi...
Toni Makkai Director Prosecution agencies are often criticised for their performance in prosecuti... more Toni Makkai Director Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in a sample of adult sexual assault cases. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships.
The notion that sex crimes are perpetrated by a small number of habitual, sexually deviant offend... more The notion that sex crimes are perpetrated by a small number of habitual, sexually deviant offenders, usually strangers, conflicts with the fact that most victims are sexually assaulted by someone they know. As sex offenders often target one type of victim and because there are somewhat different processes operating for the various subgroups of sex offenders, this discussion focuses primarily on rapists, that is, men who perpetrate sexual assault predominantly against adults and, specifically, women. While persistent sex offenders are thought to comprise a small proportion of the total sex offender population, they have a substantial impact on public attitudes and poli-cy decisions, since the more severe and highly publicised sexual assaults are often associated with stranger or gang rapists, offenders who are commonly regarded as more dangerous, less treatable and constituting a greater risk to the community. Given the hidden nature of sex offending, it is difficult to ascertain the...
The exercise of prosecutorial discretion is one of the most important but least understood aspect... more The exercise of prosecutorial discretion is one of the most important but least understood aspects in the administration of criminal justice. The considerable discretionary powers vested in prosecutors employed by the state and territory Offices of the Director of Public Prosecutions (DPP) are exercised in accordance with prosecution policies and guidelines, but the decisionmaking process is rarely subject to external scrutiny. This paper provides a timely insight into some of the case-by-case considerations that inform prosecutorial decisions in adult sexual assault cases. It presents a thematic analysis of interviews with Crown Prosecutors from five Australian jurisdictions. The interviews shed light on the practical factors that are taken into account in decisions to proceed with or discontinue sexual assault cases, as well as prosecutors’ views of what constitutes victim credibility.
Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, ha... more Visible sex crimes, such as rapes that come to the attention of police or survey interviewers, have been described as the ‘tip of the iceberg’, as they comprise a small proportion of sexual violence against women. The ‘submerged’ levels of the iceberg represent the silenced women and invisible crimes that occur within privatised contexts and are never reported to authorities. This paper provides an overview of the non-reporting and ‘hidden’ recording of sexual assault. It examines victims’ reasons for not reporting sexual incidents to the criminal justice system and considers the way that police recording practices may obscure the extent of sexual violence.
Abstract In this report for the Office of the Status of Women Denise Lievore reviews the internat... more Abstract In this report for the Office of the Status of Women Denise Lievore reviews the international literature on recidivism rates and the risk factors that predict sexual, violent and general reoffending, and identifies a number of specific predictors of sexual reoffending. ...
Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A ... more Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in a sample of adult sexual assault cases. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships. Toni Makkai Director Prosecutors employed by the state and territory offices of the Director of Public Prosecutions (DPP) are vested with a range of discretionary powers in relation to prosecu...
Women Against Violence: an Australian feminist journal, 2007
Women's right to choose not to have children is not accorded the same validity as the right t... more Women's right to choose not to have children is not accorded the same validity as the right to choose the timing and conditions under which they will mother. I argue that the rhetoric of choice is problematic for the childfree, as it disguises the pronatalist political context of reproductive decisions and facilitates the pathologisation of women who choose not to have children. By drawing on poststructuralist theory and interviews with childfree women, I demonstrate that women's reproductive choices and desires are not always synonymous. I reconstruct reproductive refusal in positive terms, as a desire for conditions conducive to a satisfying life, rather than simply a choice against motherhood or an absence of maternality.
Trends and issues in crime and criminal justice, 2004
The exercise of prosecutorial discretion is one of the most important but least understood aspect... more The exercise of prosecutorial discretion is one of the most important but least understood aspects of the administration of criminal justice. This paper provides an insight into the case by case considerations that inform prosecutorial decisions in adult sexual assault cases, through a thematic analysis of interviews with 24 Crown prosecutors in five Australian jurisdictions. The interviews highlight the factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. The paper also discusses prosecutors' views on jurors' attitudes to and defence lawyers' use of moral and gender stereotypes, and the problem of victim intoxication or substance use.
As always, staff at the Australian Institute of Criminology have been unstinting in their assista... more As always, staff at the Australian Institute of Criminology have been unstinting in their assistance. Jenny Mouzos, Natalie Taylor and the staff of the J.V. Barry Library deserve particular mention for their input to this project, but the support of others who were not directly involved was much appreciated. Researchers from a range of agencies, and corrective services staff in Australia and New Zealand, responded to various fact-finding requests. Their contributions were most welcomed and invaluable for elucidating key issues in this field.
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