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A Criminal Injustice System? Sex Offender Suspects and Defendants

Corteen, KM and Steele, RH (2018) A Criminal Injustice System? Sex Offender Suspects and Defendants. Liverpool Law Review, 39 (3). pp. 265-277. ISSN 0144-932X

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Abstract

The crux of this paper is that sex offender suspects and defendants potentially find themselves in a criminal injustice system. Whilst the focus is predominantly on ‘victims’ (usually female) and people suspected or charged with sexual offending (usually male) within the criminal justice system in England and Wales the concerns articulated here are not confined to this context. For example such concerns are echoed in relation to the potential injustices occurring on American campuses. This domestic and international situation has to be contextualised with regard to public, media and official attitudes and approaches to ‘victims’, suspects, defendants, sex, and sexual consent, and a subsequent shift from the presumption of innocence to a presumption of guilt. The safeguard of the presumption of innocence is under threat and the result is miscarriages of justice and wrongful convictions. This is exacerbated by the assumptions embodied within the victim personal statement which weaken the principle and practice of the presumption of innocence.

Item Type: Article
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: School of Law
Publisher: Springer
Date Deposited: 12 Feb 2019 12:10
Last Modified: 13 Feb 2019 13:59
URI: http://researchonline.ljmu.ac.uk/id/eprint/9085

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