Email: Candida Saunders
Prosecuting Male Rape
Candida Saunders is undertaking empirical legal research in the criminal justice field. Her research revisits the perennially topical subject of the investigation and prosecution of rape. However, it breaks new ground by evaluating official responses to complaints of rape made by male victims.
Highlighting the increasing justice gap between complaints of rape recorded by police each year and annual conviction rates, rape researchers and commentators have been vociferous in their criticism of the criminal justice process’ handling of rape cases. Falling conviction rates for rape are primarily explained in terms of the continuing impact of “rape myths”, gendered attitudes and gender-stereotypes on actors’ decision making throughout the criminal process. The law of rape, and its enforcement, is therefore said to be gender biased.
Candida’s thesis argues that this account of rape is too simplistic and, given that sexually victimised males are excluded from mainstream analyses of rape, too partial. In order to understand rape in the criminal justice process, criminal justice agencies handling of both male and female rape complaints must be analysed. As there is already a significant literature analysing female rape, Candida is conducting empirical legal research analysing the factors influencing criminal justice actors’ decision-making in the progress (or otherwise) of male rape complaints. While the project analyses the investigation and prosecution of male complaints, the study focuses on the prosecutorial stage as robust data indicate that this is a point in the system where gendered disparity occurs; where a case goes to trial, male rape complaints are more likely to result in a conviction than female rape complaints. The ultimate objective is to explore whether case outcomes can be explained with reference to factors other than gender-bias. With the cooperation of the Crown Prosecution Service and police, her specific areas of inquiry include:
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how male rape cases are built up evidentially
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issues surrounding witness credibility
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prosecutors’ discretionary application of the Code of Practice
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prosecutorial strategies for preparing trials and presenting evidence
Professor Paul Roberts
ESRC
Academic Qualification
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Awarding Institution
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LLB
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University of Nottingham
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LLM Human Rights Law
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University of Nottingham
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MA Socio-Legal and Criminological Research
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University of Nottingham
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PhD
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University of Nottingham
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'Revisiting rape: A Gender-Comparative Exploration of the Investigation and Prosecution of Rape Complaints', Socio-Legal Studies Association Annual Conference, University of Stirling, Scotland, March 2006
'Male Rape in the Criminal Justice System'. School of Law, University of Helsinki, Finland, March 2006
'Criminal Injustice? Gendered Responses to Allegations of Rape', Feminist & Women's Studies Association (UK & Ireland) Annual Conference, King's College, University of Aberdeen, Scotland, September 2005
Reports
Roberts, P., and Saunders, C., Interviewing Prosecution Witnesses: A Socio-Legal Evaluation of the PTWI Pilot (publication CPS pending)
Book Reviews
Saunders, C., Review of Mark Cowling and Paul Reynolds (eds), Making Sense of Sexual Consent, [2005] Criminal Law Review 895-897
With her supervisor, Candida has been engaged by the CPS as a consultant in the evaluation of the Pre-Trial Witness Interview pilot.
Candida is now an academic member of staff at The University of Nottingham, School of Law.