10. Striking Back: The Viability of a Civil Action Against the Police for the “Wrongful Unfounding” of Reported Rapes
Fiche du document
27 septembre 2017
- handle: 10670/1.uz7owc
- isbn: 9780776630441
- eisbn: 9780776626178
https://www.openedition.org/12554 , info:eu-repo/semantics/openAccess
Mots-clés
violence viol femmes agression sexuelle droit rape sexual assault violence law women Sociology SOC051000 JFFESujets proches
Criminal assault (Rape) Assault, Sexual Assault, Criminal (Rape) Nonconsensual sexual intercourse Sexual assaultCiter ce document
A Blair Crew, « 10. Striking Back: The Viability of a Civil Action Against the Police for the “Wrongful Unfounding” of Reported Rapes », Les Presses de l’Université d’Ottawa | University of Ottawa Press, ID : 10670/1.uz7owc
Métriques
Partage / Export
Résumé
Building on the evidence that “wrongful unfounding” of sexual assault reports discussed in the last chapter remains a central problem in women’s access to justice, Blair Crew insists that we find mechanisms by which to hold police accountable. He explores the potential of the newly recognized wrong of “negligent investigation” made possible, as discussed by Sean Dewart in Chapter Two, by Jane Doe’s precedent setting case, to fill this need. However, he notes the many difficulties posed by this avenue, including the need to prove a separate and compensable “harm” caused by the police decision to unfound a woman’s report. Blair returns to the legal theories advanced by Jane Doe of failure to warn and of sex discrimination in the enforcement of the law as the most plausible avenues to secure accountability. In so doing, he echoes one of Lucinda Vandervort’s urgent recommendations that government enact legislation that would guarantee access to funded legal representation and “standing,” as won by Jane Doe in her rapist’s criminal trial (see Appendix B at the end of this chapter), for complainants in sexual assault trials