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English
Oxford University Press Inc
08 January 2024
Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors.

Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence.

Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact.

This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.
Edited by:   , , , , , , , , , , ,
Imprint:   Oxford University Press Inc
Country of Publication:   United States
Dimensions:   Height: 160mm,  Width: 226mm,  Spine: 36mm
Weight:   612g
ISBN:   9780197651841
ISBN 10:   0197651844
Series:   Interpersonal Violence
Pages:   344
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
"Acknowledgments Contributors Introduction: Whither Criminalization? PART 1: The Criminalization Agenda: ""New"" Approaches to Old Problems 1. The Criminalization of Coercive Control: The Benefits and Risks of Criminalization from the Vantage of Victim-Survivors 2. The Criminalization of Psychological Violence in Brazil: Challenges of Legal Recognition and Unintended Consequences 3. Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse 4. Sexual Violence in Criminal Law: Presumptions, Principles, and Premises in Relation to the Crime of Negligent Rape 5. Criminal Justice Responses to Domestic Violence in Fiji PART 2: Criminalization, criminal justice challenges and consequences. 6. Sentencing Aboriginal Women Who Have Killed their Partners: Do We Really Hear Them? 7. United States v. Maddesyn George: The Consequences of Criminalization for Native Women in the United States 8. Prosecuting Intimate Partner Sexual Violence: Reforming Trial Process by Reimagining the Judicial Role 9. ""If it's Good for the Goose, it's Good for the Gander"": Perceptions of Police Family Violence Policy Adherence in Victoria, Australia 10. Operationalizing Coercive Control: Early Insights on The Policing Of The Domestic Abuse (Scotland) Act 2018 11. The Consequences of Criminalizing Domestic Violence: A Case Study of the Non-Fatal Strangulation Offense in Queensland, Australia PART 3: Making Sense of Criminalization: Concepts, Context, Activism 12. Human Rights Penality, the Inter-American Approach to Violence Against Women, and the Local Effects of Centring Criminal Justice 13. Intersectionality, Vulnerability, and Punitiveness: Claims of Equality Merging into Categories of Penal Exclusion and Secondary Victimization 14. Dangerous Liaisons: Restorative Justice and the State 15. Bureaucratic Violence: State Neglect of Domestic and Family Violence Victims in Aceh, Indonesia 16. Reclaiming Justice: Understanding the Role of the State and the Collective in Domestic Violence in India."

Heather Douglas is Professor, Melbourne Law School, The University of Melbourne, Australia Kate Fitz-Gibbon is Professor of Social Sciences and Director, Monash Gender and Family Violence Prevention Centre, Faculty of Arts, Monash University, Australia Leigh Goodmark is the Marjorie Cook Professor of Law and director of the Gender, Prison, and Trauma Clinic at the Francis King Carey School of Law, University of Maryland, United States Sandra Walklate is the Eleanor Rathbone Chair of Sociology, Social Policy and Criminology, University of Liverpool, England

Reviews for The Criminalization of Violence Against Women: Comparative Perspectives

This ground-breaking anthology challenges the widely held belief that all those involved in the feminist movement to end violence against women seek punitive criminal justice responses to the plight of abused women. The readings show that while some feminists still seek increased enforcement of existing laws and harsher penalties for violent men, this is only part of the picture. Many feminists are now at the forefront of progressive efforts to create holistic, non-criminal justice responses and they warrant careful consideration because they effectively address the needs of marginalized survivors that are not met by criminalization. * Walter DeKeseredy, Ph.D. Professor, Anna Deane Carlson Endowed Chair Of Social Sciences, Director, Research Center on Violence รข Sociology, Department of Sociology and Anthropology, West Virginia University * At a time when the world is rightly concerned with gender-based violence and the violence of racism, policing, and imprisonment, The Criminalization of Violence Against Women: Comparative Perspectives is essential reading. The book brings together ideologically, geographically, and demographically diverse experts who provide deep analyses of the promises and perils of criminalization and imagine new ways of achieving gender and social justice. * Aya Gruber, Ira C. Rothgerber Professor of Constitutional Law and Criminal Justice, University of Colorado Law School * This book is a preeminent example of the unique value of edited collections in developing scholarly knowledge. It is a timely and important contribution to our understanding of the place of criminalization in addressing violence against women. The chapters, brought together masterfully by the editors, are rich, thoughtful, and engaging. With a global range of contributors, including leading and emerging scholars, the book offers a genuine diversity of approaches and analyses (or methods and arguments). The collection brings vital new perspectives and crucial nuance to debates about the role of the criminal law in state responses to domestic and family violence. It is a must-read for all those working on combatting violence against women. * Arlie Loughnan, Professor of Criminal Law and Criminal Law Theory, University of Sydney * This book is essential to the debate about criminal responses to gender-based violence. It brings perspectives from different countries, from the global north and south, allowing us to examine the nuances and different responses to a complex phenomenon that has no simple solutions. This collection invites us to reflect deeply on the theme and is fundamental reading to advance the development of more effective proposals than the traditional approach from the criminal justice system. * Carmen Hein de Campos, Independent researcher and author of Feminist Criminology: Feminist Theory and Criticism of Criminologies (Lumen Juris, 2013 and 2020) and the edited collections Manual of Criminal Law with a Gender Perspective (Lumen Juris, 2022); Feminist Criminologies: Latin American Perspectives (Lumen Juris, 2020). * This remarkable collection from leading researchers in the field is a much-needed contribution to current feminist debates about the role that the criminal legal system should play in responding to violence against women. The authors bring a range of perspectives - each one well-researched, nuanced, and illuminating. With writing that spans differences across geography, disciplines, and methodologies, the book is a must-read for scholars, students, and for all those who grapple with how to respond to the global problems of violence against women in the context of state systems that are frequently themselves sites of colonial and racial violence. * Professor Donna Coker, University of Miami School of Law * In The Criminalization of Violence Against Women: Comparative Perspectives, the contributors have produced a rich, challenging, and extremely timely intervention that wrestles with questions about the parameters, legitimacy, and value of criminalization as a response to gender-based violence. Confronting the risks, costs, and benefits of criminalization, the book does not shy from the scale of the challenge or complexity of the issues at stake, and reaches beyond to interrogate the potential for alternative framings to provide more holistic, sustainable, and transformative solutions. * Vanessa Munro, Professor of Law, University of Warwick * This essay collection reports on how the law in different societies deals with women. Recommended. * Choice *


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