This book explores the shortcomings of the criminal justice system's response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of 'rape myths' and the presence of an 'implementation gap' whereby policies, provisions and measures - proposed in order to improve the system's response - are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

Autorentext
Anna Carline is Associate Professor in Law at the University of Leicester, UK.
Clare Gunby is Lecturer in Criminology at the University of Leicester, UK.
Jamie Murray is Senior Law Lecturer at Liverpool Hope University, UK.

Inhalt
Chapter 1 Introduction1.1 Reconceptualising the Courtroom1.2 Engaging with the Book: Affective and Non-Representational Approaches1.3 New Materialism and Affect Theory1.4 Empirical and Theoretical Methodologies1.4.1 Methodology one: Exploring Affects through Interviews with Barristers1.4.2 Methodology Two: Problem Space, Problematics and Phase Space1.5 Setting the Scene: Criminal Justice Reponses to Rape1.5.1 Substantive Law: Sexual Offences Act 20031.5.2 'Mistake Assumptions' Judicial Directions1.5.3 Special Measures1.6 Conclusion1.7 References
Chapter 2 Mapping the Theory and the Conviction Rate Attractor2.1 Introduction2.2 Mapping the Theory2.2.1 Two Ontologies: The Intensive and the Actual2.2.2 The Intensive Incorporeals2.2.3 A New Understanding of Sense2.2.4 The Plane of Composition2.2.5 Complex Systems and Assemblages2.2.6 Self-Organisation and Emergence 2.2.7 Phase-Space or High Dimensional Manifolds2.2.8 Deleuze and Guattari's Affective Assemblage Theory2.2.9 Conceptualising the Courtroom as an Affective Assemblage2.3 Conviction Rates: A Primary Attractor2.4 Conclusion2.5 References
Chapter 3 Courtroom Expressions: The Intermingling of the Semiotic and Material Regimes3.1 Introduction3.2 The Legal Semiotic Regime3.2.1 Consent Definition: s.743.2.2 Mens Rea: Reasonable Belief in Consent3.2.3 Evidential and Conclusive Presumptions: s.75 and s.763.2.4 Legislation and Conviction Rates3.3 The Affectual Force of the 'Mistaken Assumptions' Directions3.3.1 Defence Counsel, Myths and Reterritorialization3.4 Intensive Sense: Policies, Practice and Experience3.5 Conclusion3.6 References
Chapter 4 Courtroom Performances: Drama, but not Representational Drama4.1 Introduction4.2 Courtroom Tactics, Techniques and Territories4.3 Embodied Courtroom Performances4.4 Marshalling Affects: Performing Victimhood4.5 Changing Cross-Examination Techniques?4.6 Compelling Performances: Lines of Flight4.7 Conclusion4.8 References
Chapter 5 - Deleuze's Materialist Philosophy of Affect and Sense5.1 Introduction5.2 Deleuze's Materialist Philosophy of the Social Field5.3 Deleuze's Materialism: The Actual and Intensive; Corporeals and Incorporeals5.4 Exploring the Intensive Register Further5.4.1 Understanding the Intensive Movement of Matter and Becomings5.5 Exploring the Intensive Incorporeals5.5.1 Intensive Sensation and Percept5.5.2 Intensive Bodies5.5.3 Affect-Events5.5.4 Affective Atmospheres5.6 The Logic of Sense: Affect and Events in Language5.7 Intensive Field as a Problem Field5.8 Planes of Composition and Organisation5.8.1 Plane-ing5.9 Conclusion5.10 References
Chapter 6 - Complexity Theory, Deleuze and Guattari's Affective Assemblage Theory and the Courtroom as Affective Assemblage6.1 Introduction6.2 Complexity Science and Complex Systems6.2.1 Discovering the Incorporeals6.2.2 Complexity Science6.3 Complexity Theory and Complex Social Systems6.4 Deleuze and Guattari's Affective Assemblage Theory6.4.1 Social Assemblages6.4.2 Semiotic and Material Regimes6.4.3 Territorialisation, Deterritorialisation and Reterritorialisation6.4.4 Transversal Consistencies of Social Assemblages6.4.5 Social A...