Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle

2021 ◽  
Vol 36 (1) ◽  
pp. 23-46
Author(s):  
Danielle McNabb ◽  
Dennis Baker
Keyword(s):  
Content Analysis ◽  
Sexual Assault ◽  
Due Process ◽  
Legislative Process ◽  
Policy Cycle ◽  
Privacy Rights ◽  
Judicial Implementation ◽  
Policy Cycles ◽  
Judicialization Of Politics

AbstractThis article employs a “policy cycle” framework to explore Bill C-51, legislation which contains Canada’s latest amendments to the “rape shield.” Through an in-depth evaluation of earlier rape shield reforms, as well as a content analysis of the legislative proceedings of Bill C-51, this paper reveals that, while the impetus for introducing rape shield legislation is to protect the equality and privacy rights of sexual assault complainants, the legislative process of these “policy cycles” focuses disproportionately on remedying due process concerns and less on the problems that arise in judicial implementation of the provisions. We situate this finding within the larger trend towards the “judicialization of politics,” and trace some of the institutional and structural obstacles that impede Parliamentarians from more effectively legislating to improve sexual assault trials for complainants.

Sexual Assault Resource Availability on Texas Higher Education Campuses: A Web Site Content Analysis

2016 ◽  
Vol 26 (5) ◽  
pp. 354-380 ◽  
Author(s):  
Cortney A. Franklin ◽  
Hae Rim Jin ◽  
Lindsay M. Ashworth ◽  
Jane H. Viada
Keyword(s):  
Higher Education ◽  
Content Analysis ◽  
Sexual Assault ◽  
Resource Availability ◽  
Web Site

scholarly journals A Content Analysis of Public Policy Design and Implementation in Slovenia: Weighing Strategic and Normative Factors

2021 ◽  
pp. 70-88
Author(s):  
Žiga KOTNIK ◽  
Dalibor STANIMIROVIĆ
Keyword(s):  
Public Policy ◽  
Content Analysis ◽  
Policy Design ◽  
Policy Cycle ◽  
Structured Interviews ◽  
The Public ◽  
Design And Implementation ◽  
Strategic Factors ◽  
Normative Factors

"Policy processes are complex systems and require an in-depth and comprehensive analysis. Especially, factors that affect public policy design and implementation, as two important stages of the public policy cycle, have not been sufficiently explored. The aim of the paper is to analyze the relationship between two critical factors that influence the design and implementation of public policies in the case of Slovenia, namely strategic factors and normative factors, and offer a basis for comparison with similar countries. Based on twenty-two structured interviews with prominent public policy experts in Slovenia and content analysis of the responses, the findings reveal that, although strategic factors are identified by the interviewees as the most critical, the role of normative factors is also important and should not be underestimated. For various reasons, in practice, normative factors often turn out to be crucial."

The Digital Turn

2020 ◽  
pp. 19-36
Author(s):  
Sarah Esther Lageson
Keyword(s):  
Criminal Justice ◽  
Free Speech ◽  
Public Interest ◽  
Due Process ◽  
Past Century ◽  
Competing Values ◽  
Privacy Rights ◽  
Criminal Records ◽  
The Public ◽  
Criminal Justice Processing

Recent decades have witnessed a digital turn in criminal justice processing that has contributed to the creation and dissemination of millions of criminal records per year, impacting both criminal justice workers and those processed by the system. Current US law has allowed for the public dissemination of these records, emphasizing free speech and transparency over other competing values, such as due process, privacy, or liberty. The turn toward digital disclosure of criminal justice information has outpaced thoughtful discussions about balancing privacy rights and the notion of public interest that the courts have developed during the past century. It is certainly in the public interest to have access to the workings of the police, courts, and prisons—it is a fundamental way that citizens can keep an eye on these powerful institutions. However, these core transparency values are being used for a different, entrepreneurial purpose since criminal records have become a commodified good.

“Who Are You Going to Tell? Who’s Going to Believe You?”

2018 ◽  
Vol 42 (4) ◽  
pp. 414-429 ◽  
Author(s):  
Christina M. Dardis ◽  
Kristen M. Reinhardt ◽  
Melissa M. Foynes ◽  
Nina E. Medoff ◽  
Amy E. Street
Keyword(s):  
Content Analysis ◽  
Sexual Assault ◽  
Military Personnel ◽  
Qualitative Interviews ◽  
Women Veterans ◽  
Military Sexual Trauma ◽  
Directed Content Analysis ◽  
Negative Impacts ◽  
The Military ◽  
The Impact

Researchers have identified disclosure as an important part of sexual assault recovery among civilian survivors. However, few researchers have examined the process of military sexual trauma (MST) disclosure, including the barriers and facilitators, positive and negative reactions from disclosure recipients, and positive and negative impacts of disclosure on survivors. Twenty-three women veteran MST survivors completed semi-structured qualitative interviews that assessed disclosure experiences; responses were coded using directed content analysis. Among the 20 women veterans who disclosed MST (87%), most volunteered information that they had disclosed to informal (74%, n = 17), military (70%, n = 16), and medical sources (52%, n = 12). Among women who reported that they disclosed MST to military personnel, all reported at least one negative reaction to the disclosure, including 50% ( n = 8) who reported perceived retaliation for disclosure. Women who reported they disclosed to military personnel identified some barriers (e.g., feared consequences) that women who disclosed to non-military personnel did not. We suggest that the responses of recipients to disclosure may contribute to the impact on participants, including dissatisfaction and disillusionment with the military. We discuss unique aspects of the military context that may contribute to negative reactions. Practitioners can use this information to increase empathy and understanding of the complexity of disclosure and to help survivors process and contextualize these experiences during therapy. Additional online materials for this article are available on PWQ’s website at http://journals.sagepub.com/doi/suppl/10.1177/0361684318796783

scholarly journals Sentinel surveillance of child maltreatment cases presenting to Canadian emergency departments

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Aimée Campeau ◽  
Lil Tonmyr ◽  
Erik Gulbransen ◽  
Martine Hébert ◽  
Steven McFaull ◽  
...  
Keyword(s):  
Content Analysis ◽  
Sexual Assault ◽  
Child Maltreatment ◽  
Physical Abuse ◽  
Health Care Professionals ◽  
Emergency Departments ◽  
Sentinel Surveillance ◽  
Surveillance Program ◽  
Additional Information ◽  
Injury Event

Abstract Background The Canadian Hospitals Injury Reporting Prevention Program (CHIRPP) is a sentinel surveillance program that collects and analyzes data on injuries and poisonings of people presenting to emergency departments (EDs) at 11 pediatric and eight general hospitals (currently) across Canada. To date, CHIRPP is an understudied source of child maltreatment (CM) surveillance data. This study: (1) describes CM cases identified in the CHIRPP database between1997/98 to 2010/11; (2) assesses the level of CM case capture over the 14-year period and; (3) uses content analysis to identify additional information captured in text fields. Methods We reviewed cases of children under 16 whose injuries were reported as resulting from CM from 1997/98 to 2010/11. A time trend analysis of cases to assess capture was conducted and content analysis was applied to develop a codebook to assess information from text fields in CHIRPP. The frequency of types of CM and other variables identified from text fields were calculated. Finally, the frequency of types of CM were presented by age and gender. Results A total of 2200 CM cases were identified. There was a significant decrease in the capture of CM cases between 1999 and 2005. Physical abuse was the most prevalent type (57%), followed by sexual assault (31%), unspecified maltreatment (7%), injury as the result of exposure to family violence (3%) and neglect (2%). Text fields provided additional information including perpetrator characteristics, the use of drugs and/or alcohol during the injury event, information regarding the involvement of non-health care professionals, whether maltreatment occurred during a visitation period with a parent and, whether the child was removed from their home. Conclusions The findings from this initial study indicate that CHIRPP could be a complimentary source of CM data. As an injury surveillance system, physical abuse and sexual assault were better captured than other types of CM. Text field data provided unique information on a number of additional details surrounding the injury event, including risk factors.

scholarly journals Comparing Help-Seeking Behavior of Male and Female Survivors of Sexual Assault: A Content Analysis of a Hotline

Sexual Abuse ◽  
2016 ◽  
Vol 30 (4) ◽  
pp. 454-474 ◽  
Author(s):  
Stephen M. Young ◽  
Jana A. Pruett ◽  
Marianna L. Colvin
Keyword(s):  
Content Analysis ◽  
Sexual Assault ◽  
Help Seeking ◽  
Future Research ◽  
Help Seeking Behavior ◽  
Male And Female ◽  
Sexual Assault Survivors ◽  
Female Victims ◽  
Female Survivors ◽  
Seeking Behavior

This content analysis examines written documentation of telephone calls to a regional sexual assault hotline over a 5-year period. All male callers identified as primary victims were selected for analysis ( n = 58) and a corresponding sample of female primary victims ( n = 58) were randomly selected for comparison to better understand the help-seeking behavior of sexual assault survivors and inform services accordingly. A summative content analysis revealed significant contrasting themes between male and female victims, including females significantly receiving more referrals and males accessing the hotline to tell their experience of being sexually assaulted due to perceived limited support. Implications for training, practice, and future research are discussed.

scholarly journals Sentinel surveillance of child maltreatment cases presenting to Canadian emergency departments

2019 ◽  
Author(s):  
Aimée Campeau ◽  
Lil Tonmyr ◽  
Erik Gulbransen ◽  
Martine Hébert ◽  
Steven McFaull ◽  
...  
Keyword(s):  
Content Analysis ◽  
Sexual Assault ◽  
Child Maltreatment ◽  
Physical Abuse ◽  
Health Care Professionals ◽  
Emergency Departments ◽  
Sentinel Surveillance ◽  
Surveillance Program ◽  
Additional Information ◽  
Injury Event

Abstract Background: The Canadian Hospitals Injury Reporting Prevention Program (CHIRPP) is a sentinel surveillance program that collects and analyzes data on injuries and poisonings of people presenting to emergency departments (EDs) at 11 pediatric and eight general hospitals (currently) across Canada. To date, CHIRPP is an understudied source of child maltreatment (CM) surveillance data. This study: (1) describes CM cases identified in the CHIRPP database between1997/98 to 2010/11; (2) assesses the level of CM case capture over the 14-year period and; (3) uses content analysis to identify additional information captured in text fields. Methods: We reviewed cases of children under 16 whose injuries were reported as resulting from CM from 1997/98 to 2010/11. A time trend analysis of cases to assess capture was conducted and content analysis was applied to develop a codebook to assess information from text fields in CHIRPP. The frequency of types of CM and other variables identified from text fields were calculated. Finally, the frequency of types of CM were presented by age and gender. Results: A total of 2 200 CM cases were identified. There was a significant decrease in the capture of CM cases between 1999 and 2005. Physical abuse was the most prevalent type (57%), followed by sexual assault (31%), unspecified maltreatment (7%), injury as the result of exposure to family violence (3%) and neglect (2%). Text fields provided additional information including perpetrator characteristics, the use of drugs and/or alcohol during the injury event, information regarding the involvement of non-health care professionals, whether maltreatment occurred during a visitation period with a parent and, whether the child was removed from their home. Conclusions: The findings from this initial study indicate that CHIRPP could be a complimentary source of CM data. As an injury surveillance system, physical abuse and sexual assault were better captured than other types of CM. Text field data provided unique information on a number of additional details surrounding the injury event, including risk factors.

Response: Recent Development regarding Judicial Review of Legislative Process in Israel

2020 ◽  
Author(s):  
Gonen Ilan
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
The State ◽  
Legislative Process ◽  
High Court ◽  
Court Of Justice ◽  
State Economy ◽  
Recent Developments ◽  
First Time

Abstract In an article published recently in the Statue Law Review,1 Prof. Shucheng Wang has examined the deferential approach to judicial review of the legislative process as adopted by the CFA,2 due to the Leung3 case. In this short response, I focus on two issues that are not mentioned in Prof. Wang’s article but that are crucial for understanding recent developments concerning judicial review of the legislative process in Israel by Israel’s High Court of Justice (HCJ). First, this response will present the most recent, and more crucial, ruling of the HCJ from late 2017 in the Quantinsky v. The Israeli Knesset (2017)4 which established a new precedent and in which, for the first time in Israel’s history, a new law was invalidated due to flaws in the legislative process. Second, I wish to emphasize the specific type of law that was invalidated and that is more prone to flaws in the legislative process: The Omnibus Law of Arrangement in the State Economy, which includes hundreds of budget statutes, and is characterized by a very unique and hasty legislative process. Therefore, this response wishes to complement Prof. Wang’s thesis and provide an update regarding the Israeli HCJ judicial approach of due process of legislation.

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