美國性侵害證據法則之研究-以破除性侵害迷思為中心<P>U.S. Evidence Law Regarding Rape- the Deconstruction of Rape Myths in Trials.
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- 最後更新日期:109-05-13
- 資料點閱次數:107
Under the fact that most rape victims are women, rape has always been an issue tangled with gender equality. In addition to the commitment of the crime itself, the bias against women in patriarchal society is also revealed through the rape myths in the minds of every participant of criminal procedures. Due to the inequality in rape trials, many did not report the crime. Although there has been many discussions regarding rape law reform in Taiwan, few is centered on the reform of evidence law. This thesis will first address the dichotomy between “man” and “woman” in the patriarchal system, and how does it influence our understanding toward rape, rape victim, and rapist, thus create the bias against the non-typical “acquaintance rape”. Next, the thesis will discuss the evidence law reforms in rape trials in the U.S., and using feminist theories to examine the application of these reforms in judicial practices. The thesis will conduct a case- by-case analysis to see if the exclusion of victim’s prior sexual history, the use of RTS expert testimony, and the admission of the defendant’s past misconduct will deconstruct the gender stereotypes in rape trials.
資料來源:http://handle.ncl.edu.tw/11296/ndltd/14292982488643373278