'The Law as It Should Be' When Prosecuting Sexual Offences: The Contribution of Legal Academics to Law Reform

(2013) 25(4) New Zealand University Law Review pp 758-779

22 Pages Posted: 10 Jan 2015

See all articles by Elisabeth McDonald

Elisabeth McDonald

University of Canterbury

Yvette Tinsley

Victoria University of Wellington - Faculty of Law

Date Written: 2013

Abstract

Since the 1983 Rape Study there has been a significant amount of research aimed at identifying and changing aspects of criminal justice processes which impact unfairly on victims of sexual offending-especially those who have not been victims of what is referred to as “real rape”. As 2013 marks 30 years since the first comprehensive New Zealand review of rape law and practice, it is an appropriate time to consider how academic research has influenced the way sexual cases are prosecuted, and how past and present academic evaluation of legal responses to sexual violence can guide and inform future reform. In this piece the authors reflect on their recent experiences of contributing to the law and policy debate concerning the prosecution of sexual offences and consider the importance and the challenges of engaging with “law as it should be.”

Keywords: Rape Study, sexual offending, victims, reform

JEL Classification: K14

Suggested Citation

McDonald, Elisabeth and Tinsley, Yvette, 'The Law as It Should Be' When Prosecuting Sexual Offences: The Contribution of Legal Academics to Law Reform (2013). (2013) 25(4) New Zealand University Law Review pp 758-779. Available at SSRN: https://ssrn.com/abstract=2546050

Elisabeth McDonald (Contact Author)

University of Canterbury ( email )

Ilam Road
Christchurch 8140
New Zealand

Yvette Tinsley

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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