Reinvestigating the Sexual Violence “Justice Gap” in the Swedish Criminal Justice System: Victim-Centered Alternatives to the Criminal Trial

Carroll, Caitlin P.

doi:10.1177/15570851221077673

Cited by 5 publications

(3 citation statements)

References 51 publications

(91 reference statements)

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“…In observing Tshifaro's wishes not to report to the police, we took our cues from victim-centered approaches to justice that emphasize and enable victims' participation in decision-making. In ways that challenge the easy equivalence of conviction and justice, such victim-centered approaches may in fact facilitate attrition (Carroll, 2023).…”

Section: Criminal Punishment and Its Alternativesmentioning

confidence: 99%

Knowing rape: Turning ethnoracialized victims into moral citizens in post‐apartheid South Africa

Rupcic

2024

Feminist Anthropology

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In South Africa, a disparate coalition of law enforcement, human rights workers, health officials, and activists claim that women don't know they have been raped. Claims of misrecognition typically follow from the observation that most women who experience gendered violence in South Africa do not report to the police and are especially leveled at Black women living in rural areas under the judicial authority of customary leaders. This article examines this assertion about not knowing gendered violence and the interventions it inspired. Dwelling on the story of one survivor's search for justice in Thohoyandou, South Africa, I argue that in the years following the transition from apartheid to democracy, a consensus coalesced around Black Indigenous women, who were seen as key political agents in post‐colonial nation‐building. During this time, knowing rape was touted as a gendered civic duty, one that enacted moral citizenship for the sake of a more orderly, democratic and vigorous multicultural nation. In spite of the consensus around knowing rape, “rape,” I suggest, remains an ambivalent sign for both those who encourage its recognition and for survivors. Amidst these disjunctures, survivors’ demands for justice often go denied.

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Section: Criminal Punishment and Its Alternativesmentioning

confidence: 99%

Knowing rape: Turning ethnoracialized victims into moral citizens in post‐apartheid South Africa

Rupcic

2024

Feminist Anthropology

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“…Despite the shift towards victim-centered approaches in addressing sexual violence, research consistently identifies a substantial gap between the desires of victim-survivors to address violations and their available options and/or resources (Lonsway & Archembolt, 2012;Koss et al, 2017). Using the experience of victims-survivors to modify and create legal, technological, socialcultural, and health service responses to IBSA has the potential to reduce victimization and improve justice and well-being for victim-survivors (Carroll, 2023). While victim-survivors may not have detailed technological and legal knowledge of existing or hypothetical IBSA remedies, understanding their subjective experience with existing tools and their desires for new or modified tools can direct technicians and practitioners towards more user-friendly, trauma-informed designs and principles.…”

Section: Victim-centered Structural Solutions To Ibsamentioning

confidence: 99%

Victim‐survivors’ proposed solutions to addressing image‐based sexual abuse in the U.S.: Legal, corporate, educational, technological, and cultural approaches

Eaton,

Krieger,

Siegel

et al. 2024

Anal Soc Iss & Public Policy

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Sexual violence is a world‐wide health problem that has begun to escalate in online and virtual spaces. One form of technology‐facilitated sexual violence that has grown in recent years is image‐based sexual abuse (IBSA), or the nonconsensual creation, distribution, and/or threat of distribution of nude or sexual images. Using a trauma‐informed and victim‐centered framework, we asked victim‐survivors for structural solutions to IBSA based on their own experiences. Using thematic analysis on 36 semi‐structured interviews with adult U.S. victim‐survivors of IBSA, we found that victim‐survivors proposed structural solutions to IBSA along five general dimensions: legal (creating/strengthening laws, enforcing laws, facilitating legal navigation), corporate (corporate responsibility/activism and solutions for employers), educational (IBSA education, outreach and advocacy, and developing communities of support), technological (more platform accountability, improved procedures for uploading images, better avenues for reporting and removing images, and enhanced platform policies), and cultural. Many solutions built on existing structures (e.g., sexual education in schools) and frameworks (e.g., creating support groups like those for people in recovery from alcohol abuse), enabling educational professionals, policy makers, victim‐support service providers, and corporations to readily implement them.

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“…One of the major changes that the State needs to consider is to take a more responsive and active victim-centred approach by moving beyond merely treating victim-survivors as witnesses to the crime (White & McMillan, 2021). The shift from the present punitiveness and incarceration focus of the Indian criminal justice system to a more victim-survivor centred institution will not only improve the experience for the victim-survivors as they try to navigate the different institutions such as police or judiciary, but also provide them with the confidence in the system as a space for realisation of justice (Carroll, 2022)" This change in perspective towards a victim-survivor lens would go a long way in addressing the issue of sexual violence from within the system. Furthermore, with respect to the justice needs of the victim-survivors, Sered (2017) demonstrates the commonly expressed ones include,…”

Section: Strategies To Address Sexual Violencementioning

confidence: 99%

Ten Years Since Nirbhaya: A Critical Analysis of Retributive Justice in Addressing Sexual Violence

Jain¹,

Mishra²

2022

gavps

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Following the infamous Nirbhaya gang rape incident in December, 2012, a host of rape law reforms were introduced in India, including stringent punishment and death penalty under the Criminal Law Amendment Act and Protection of Children from Sexual Offences Act. This article questions the effectiveness of such punitive measures in dealing with sexual violence. While, the legislative reforms offer tougher sentencing, they place less emphasis on victims’ rights and also tend to ignore the social context in which sexual violence occurs. The present paper offers the critique of punitive populism of the legislation through four discourses: Rape as ‘loss of honour’, Rapists as a ‘monster’ syndrome, Perspectives of victimsurvivors and Retributive justice and marginalised identities. By exploring victim-survivors’ participation, restorative and transformational practices and acknowledging the larger socio-cultural context in which sexual violence takes place, this article sheds light on a range of strategies to address sexual violence from the perspectives of victims.

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Reinvestigating the Sexual Violence “Justice Gap” in the Swedish Criminal Justice System: Victim-Centered Alternatives to the Criminal Trial

Cited by 5 publications

References 51 publications

Knowing rape: Turning ethnoracialized victims into moral citizens in post‐apartheid South Africa

Knowing rape: Turning ethnoracialized victims into moral citizens in post‐apartheid South Africa

Victim‐survivors’ proposed solutions to addressing image‐based sexual abuse in the U.S.: Legal, corporate, educational, technological, and cultural approaches

Ten Years Since Nirbhaya: A Critical Analysis of Retributive Justice in Addressing Sexual Violence

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