The Repertoire of Complicity vs. Coercion: the Discursive Trap of the Rape Trial Protocol

Abstract

In the 1970s, both in the UK and the USA, the conduct of rape trials and the treatment of complainants in court began to become an issue of juridical as well as political concern. As a consequence, there has been some improvement in legislation and in jurisprudence on these questions. For example, in May 2002, in an effort to address the accusation of insufficient understanding and inadequate sentencing, especially of non-stranger rape, the Sentencing Advisory Panel of the UK invited the Court of Appeal to revise the guidelines on rape cases. The result of this move was the publication of new guidelines adopted in the case of Millberry . 1 The case and the label Millberry has since become the current framework for sentencing (see Rumney, 2003). These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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