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Bad Laws Or Bad Attitudes? Assessing The Impact Of Societal Attitudes Upon The Conviction Rate For Rape In Ireland, Susan Leahy
Bad Laws Or Bad Attitudes? Assessing The Impact Of Societal Attitudes Upon The Conviction Rate For Rape In Ireland, Susan Leahy
Irish Journal of Applied Social Studies
The low conviction rate for rape is often highlighted as a cause for concern. The typical response is to call for reform of Irish rape law. Although reform is necessary, this article argues that the low conviction rate for rape is caused not simply by ‘bad’ or inadequate laws but also by ‘bad’ or prejudicial attitudes about rape which persist in Irish society. These attitudes are at odds with the reality of rape and therefore create unrealistic expectations as to what, for example, constitutes a ‘real rape’ or a ‘real victim’. Jurors who are influenced by these attitudes are likely …