Journal articles on the topic 'Public prosecutors – England'

This paper examines the role of the victim through the prism of prosecutor in the first third of the nineteenth century when England did not have a public prosecutor or national police force and most crimes were prosecuted in the courts by the victim. The selection of cases is drawn from a larger investigation of female offenders punished by transportation to New South Wales, Australia. The cases demonstrate the diversity of victims, the power they held as prosecutors and highlight the process from apprehension to conviction. Historical records of regional English Assizes and Sessions were investigated to identify the victim and record the prosecution process.

Following the House of Lords' decision in Purdy, the Director of Public Prosecutions issued an interim policy for prosecutors setting out the factors to be considered when deciding whether a prosecution in an assisted suicide case is in the public interest. This paper considers the interim policy, the subsequent public consultation and the resulting final policy. Key aspects of the policy are examined, including the condition of the victim, the decision to commit suicide and the role of organised or professional assistance. The inclusion of assisted suicides which take place within England and Wales makes the informal legal change realised by the policy more significant than was originally anticipated.

Although modern societies generally entrust enforcement of the criminal law to public prosecutors, most crimes in premodern societies were prosecuted privately. In classical Athens, ninth-century Germany, and England before the nineteenth century, there were no public prosecutors for most crimes. Instead, the victim or a relative initiated and litigated the cases. This article is the first rigorously quantitative analysis of private prosecution. It focuses on thirteenth-century England and uses statistical techniques, such as regression analysis, to show that changes in the treatment of settled cases can explain the rate of private prosecution.

Police powers of discretion to discontinue criminal proceedings are rather exceptional in Europe, where most Criminal Justice Systems are based on some kind of principle of legality. Germany and England may be regarded as contrasting examples for different decision-making-models on the question whether or not to prosecute an offender. Germany, with a principle of compulsory prosecution theoretically guiding the work of public prosecutors—compared to England, where already the police have significant powers of discretion when deciding about a case. In recent years, however, the differences between the practice of these principles seem to have vanished: Whereas some German federal states have started to involve police in prosecution decisions, policy makers in England try to restrain the traditionally wide discretion of police in dealing with cases of minor crimes. Interesting lessons that might be useful for future harmonization of European criminal justice systems can be drawn from the experiences in both countries.

This article discusses one of the most important decisions the European Public Prosecutor’s Office (EPPO) can take: the decision to drop a case. When this happens, the case will either be referred to national prosecutors or to the European Anti-Fraud Office (OLAF) or dismissed entirely. Why is this an important decision? Because it means the EPPO declines to prosecute, prosecution being (along with investigation) its very raison d’être. This is why it is important to understand how and when the EPPO may drop a case. In this respect, the EPPO Regulation (adopted on 12 October 2017) pursues two goals: first, it seeks to leave the EPPO a certain margin of discretion when deciding whether to drop a case; secondly, however, it seeks to limit that discretion in order to reduce the risk of decisions that are arbitrary or based on irrelevant considerations. This article argues that this strikes an acceptable balance between two different legal traditions: the ones inspired by the strict legality principle, such as Italy and Germany, and those inspired by the principle of opportunity, such as France or England and Wales. The article further explores how this balance is consistent with the emerging principles of international criminal law, where international tribunals try the most serious crimes only.

With the help of several case studies from the 16th, 17th and 18th centuries, this article focuses on two key questions. How did ordinary Dutch citizens protect themselves against corruption and misuse of power by law enforcement agents, public prosecutors and the courts? And, whose interests were actually being served by the early modern criminal justice system? Or, put another way: whose order was being maintained and who was excluded from it? Its is argued that the weakness of a critical traditional in Dutch -and possibly even more widely, in Continental European- historiography concerning these issues fits in with the Continental perspective in which the rights of the state are emphasized rather than the rights of the individual. In England (perhaps even in the wider Anglosaxon context) the opposite seems to be the case: a critical historiographical tradition juxtaposed to a past in which civil rights rather than state privilieges were emphasized, together with resistance to the state and other bastions of power.

Increasing concerns about the societal impact of medical research fraud have led to calls for its criminalization within the United Kingdom, but there has been little discussion of how the criminal law could be applied in this context. The author proposes a legal framework whereby acts of falsification or fabrication may be prosecuted under a general offence of fraud contained within the Fraud Act 2006 in England and Wales. The threshold for prosecution may be determined by assessing the effect of an act on the reliability and robustness of research findings and using a Two-stage Full Code Test modelled on the Crown Prosecution Service Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. This provides a pragmatic approach to handling an unyielding problem that affects many sectors of society and necessitates the implementation of an explicit government policy aimed at balancing the protection of public interests against the promotion of medical advancement.

In the conditions of formation and development of new socio-economic relations, reformation of legislative state structures, executive and judicial power, the task of creating a legal basis for law strengthening and the law enforcement activity improving arises. The legal sciences should develop and form the statehood and lawfulness legal basis of law-enforcement activity, aimed to reliable protection of constitutional rights and legitimate interests of citizens, public formations and state structures of Ukraine. Criminalistics equips law enforcement officers with effective methods and means of detecting and investigating crimes, which promotes the principle of the inevitability of punishment, the objective use of criminal law and preventive influence. Recently, Ukraine has been paying special attention to the law enforcement agencies activities improving and strengthening the scientific and technical base for combating crime in general, and organized in particular. The current level of criminalistics science and the scientific and technical potential of the natural and technical sciences, allowing prosecutors, internal affairs, security and court authorities to prevent, suspend and investigate very complex crimes, thereby contributing to the solution of one of the main tasks – strengthening law and order in Ukraine . Criminalistics science is a legal science that has emerged in the criminal process depths in the last century as a set of technical means and tactical techniques, as well as ways of using them for disclosure and investigation. The article further investigates the problems of criminalistics theory and history in some countries of Europe, USA, and England. The overall purpose of this analysis is to investigate how the development of criminalistics outside our country, their problems, and most importantly, to reach a conclusion about the need for restructuring (or sufficiency) of criminalistics methods and expert research system. The study deals exclusively with the theory and history of scientific knowledge development in criminalistics outside our country, to identify the positive features of its modern development and extrap-olation to the conditions of our science, which serves as a specific tool in investigating crimes and identi-fying the perpetrators. In the next study, it is planned to offer a discussion among scholars and practitioners involved in crime investigations about the contemporary achievements possible implementation of our criminalistics colleagues abroad.

Abstract This article examines the changing nature of public protection police work in a climate of continued austerity and increasing prosecutions for sexual offending, which have made a significant impact on the workloads of police teams who manage and monitor registered sexual offenders in the community. This increase has run parallel to a decrease in the general policing budget, which has seen it cut by an average of 22% across England and Wales [BBC. (2017). Utilizing data from observations and in-depth qualitative interviews with police officers from a force in England, this article highlights the effect which cost-saving measures have had on the professional standards of the police service in the management of sex offenders; how collaborative working practices have been hindered by these austerity measures, and finally how continual cuts have had a detrimental effect on the police’s ability to protect the public.

Statistics published by the government in 2021 highlight serious problems in England and Wales with a drop in prosecutions of sexual crimes. Part of this issue is attributed to the complexities around sexual consent and public understanding of it. This article highlights a particular problem in the law around conditional consent. It shows that the law on conditional consent is completely incoherent, complicating efforts to increase public education on the matter. The law is also limited in its protection of sexual autonomy of victims, as well in its protection of victims against pregnancy. Critics of reform warn against overcriminalisation of rape, and against imposing morals on society. However, it is argued that given the current reality of how rape is dealt with in England and Wales, these concerns should not prevent reform to the law of conditional consent. The article ends by arguing that reform should be carried out to make the law on conditional consent more coherent and to take account of pregnancy as a consequence of sexual intercourse.

This paper presents an analysis of responses to the first criminal convictions for HIV transmission in England and Wales within a sample of people living with HIV. These findings represent an important contribution to the development of well-informed prosecution policy. The responses were collected during 20 focused group discussions with a community and web-recruited sample of heterosexual African men and women, and gay and bisexual men ( n = 125) living with diagnosed HIV in London, Manchester and Brighton. The vast majority (90%) of comments made were critical of the implementation and impact of criminalization. In particular, respondents expressed concern about the way in which criminal convictions conflict with messages about shared responsibility for 'safer sex', and the extent to which such cases will exacerbate existing stigma and discrimination related to HIV. Most felt that the successes achieved by human rights approaches to HIV prevention, treatment, and care were placed under threat by the growing culture of blame encouraged by criminal prosecutions.

Until relatively recently, the common law offence of misconduct in public office has been regarded as anachronistic. The offence was perceived to have been supplanted by specific statutory offences that could more appropriately deal with criminal conduct by public officials. However, there has been a revival of the offence with successful prosecutions occurring in Australia, England and Hong Kong. Many of these contemporary cases have involved police officers. Examination of these cases reveals that the circumstances in which misconduct in public office has been identified have been diverse, including the unauthorised disclosure of confidential information, the use of false search warrants and the sexual exploitation of vulnerable persons. In many instances, police officers were charged with other criminal offences in addition to charges relating to misconduct in public office. The matters prosecuted as misconduct in public office typically involved matters that were serious and/or could not be adequately prosecuted as other criminal offences or as breaches of police regulations governing conduct. Consequently, despite the proliferation of statutory criminal offences in the 20th century it appears that there continues to be a place for the offence of misconduct in public office. It criminalises misconduct by police officers that may not be adequately dealt with by other offences and recognises the public trust dimension of wrongdoing by these officials. However, a continuing and fundamental challenge is to determine the appropriate definition and scope of the offence.

AbstractThe introduction of rewards for the conviction of serious criminals fundamentally transformed English criminal justice. The prospect of rewards totalling up to £140 encouraged additional prosecutions, more full (as opposed to partial) guilty verdicts, and more death sentences. In the process, in a series of largely unintended consequences, two fundamental pillars of early-modern justice were undermined: reliance on the public to prosecute, and the death penalty to deter crime. Policing agents began to play a much more important role in apprehending criminals, while the high level of executions contributed to growing doubts about the efficacy of capital punishment.

After a short introduction to the procedural history of the Lubanga case (infra I.) the paper analyzes, in its first substantive part (II.), the disclosure regime of the ICC with particular regard to the tension between disclosure and confidentiality as displayed in Lubanga. An interpretation of Article 54(3)(e) of the ICC Statute that pretends to be compatible with the Prosecutor's disclosure obligations (Article 67(2)) is offered. In the second part (III.), the law on disclosure/discovery in England and Wales and the United States is examined with a view to its possible contribution to an improvement of the ICC disclosure regime. This analysis confirms that the law of disclosure is of great complexity, not least because of the underlying tension between defense rights and opposing interests of public or private security. This tension cannot be solved by blanket rules but only on a case-by-case basis that strives for an appropriate balance between the public interest of an efficient prosecution of (international) crimes and the (disclosure) rights of the accused.

Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.

In R v Christopher Killick [2011] EWCA Crim 1608, the Criminal Division of the Court of Appeal for England and Wales gave a decision setting out the rights of a crime victim to seek review of a Crown Prosecution Service (CPS) decision not to prosecute and concluded that victims have the right to seek review in such circumstances. This included a recommendation that the right to review should be made the subject of clearer procedures and guidance. This paper discusses article 10 of the Proposal for a Directive of the European Parliament and of the Council, (2011) 2011/0129 (COD) 18 May 2011 establishing minimum standards on the rights, support and protection of victims of crime (see article 11 Final Directive) as applied in the Killick case. The paper further discusses the implementation of Killick in prosecution policy, namely in the CPS guideline on the victims’ right to review (Director of Public Prosecutions for England and Wales 2014). The right to review will be canvassed in light the existing framework of victim rights available during the pre-trial phase and, in particular, the right to private prosecution, access to counsel, and adjunctive and extra-curial rights from declarations or charters of victim rights.

Death has been described as the last taboo. It is unsurprising therefore that those individuals who openly proclaim to desire death find themselves headline news. In October 2008, Debbie Purdy, who suffers with multiple sclerosis, challenged the legality of the failure of the Director of Public Prosecutions to issue guidance as to the circumstances in which individuals will or will not be prosecuted for assisting another person to commit suicide. The judgment was pronounced barely two weeks after injured rugby player Dan James travelled with his parents to Switzerland, to secure his death with the help of the local group, Diginitas. James was reportedly the youngest of the 100 Britons who have travelled to Dignitas to find the ‘sanctuary of death.’ However, Sky TV’s screening of the assisted death of Craig Ewert in December was no doubt the most controversial event of the year in this respect.

Perhaps the most notable achievement of the so-called renaissance in Morean studies in recent years has been to provide the historiography with a new focus, namely the phase of More's career that begins in the aftermath of Utopia (1516) and concludes with his imprisonment in 1534. Hitherto, interest in that period was confined largely to the domestic scene celebrated in Holbein's famous portrait and drawings, the household at Chelsea as a centre of humanist culture, Christian piety and cosy family virtue. Yet this was the period of More's public career in which he served as a councillor to Henry vm and in a number of major administrative posts before his elevation to succeed Cardinal Wolsey as lord chancellor in 1529. It was also the period in which he assumed a leading role in the campaign against the Reformation in England, partly as a prosecutor of heresy on behalf of the Crown, but more spectacularly as a polemicist, specifically commissioned by the Church to defend orthodox doctrine against the challenge of the reformers – a task on which he expended some million words in the period between his tract against Luther in 1523 and the changed circumstances which induced a more devotional literary mode in the much acclaimed Tower Works.

Several high-profile murders of women killed during alleged consensual sex ‘gone wrong’ have led to widespread calls for reform to prevent the use of what has been termed the ‘rough sex defence’. Concerns about the use of this ‘defence’ are located within broader concerns about the high rates of domestic abuse and fatal violence against women. Lobbyists, campaign groups and members of parliament have drawn attention to the increase in this ‘defence’ featuring in criminal cases in England and Wales and have consequently proposed two amendments to the Domestic Abuse Bill (2020), namely a statutory prohibition of consent as a defence to actual bodily or more serious harm, including death, and introducing additional scrutiny in charging decisions by requiring the Director of Public Prosecutions to authorise charges of manslaughter (rather than murder) in cases involving rough sex/sadomasochism (SM). This article provides a critical analysis of the use of rough sex/SM in female homicide cases and proposed legal reforms and concludes that the proposed reforms would fail to capture many of the ‘rough sex’ cases that have come before the courts in recent years and may not have the intended effect. We consider potential alternative approaches.

The article is devoted to the reception life of Article 29/39 of the Magna Carta in the political and right-wing controversy of England at the end of the 16th century. It is shown that the Magna Carta, which fell out of use in the late Middle Ages, returned to the political and right-wing space in the Elizabethan era. It was customary to use the Magna Carta in the 1225 edition, otherwise the edition of Henry III, which was confirmed more than 30 times and was perceived as an act of parliament. An analysis of the treatises of common law jurists William Fleetwood and Robert Snape led to the conclusion that the Magna Carta was considered a document that restored the ancient best and just right, trampled by the Norman invasion, and ensured continuity with the beyond the memory of British antiquity. Article 29 was considered the core and quintessence of the liberties and rights of subjects. A study of the controversy between common law lawyers James Maurice, Robert Beale and civilist Richard Coisin around the judicial powers of the High Commission, its ex officio inquisition procedure and specific incidents of persecution of nonconformist priests led to the conclusion that these common law lawyers insisted on the fundamental nature of Article 29, on the unlawfulness of the prosecutions, the inability of the commission to issue criminal sentences and to use the ex officio inquisition oath. They argued that the royal authority did not have the prerogative to create commissions in violation of Article 29. Civilist Richard Coisin objected that ecclesiastical jurisdiction is an independent branch of law and is not subject to Magna Carta.

In Kable v Director of Public Prosecutions (NSW) the High Court of Australia declared that the requirements of Chapter III of the Australian Constitution prohibited a State legislature from conferring powers on a State court that were repugnant or incompatible with their status as repositories of federal judicial power. This was a significant constitutional watershed; it had never previously been suggested that the protections contained in Chapter III applied to State courts. Recent applications of Kable, however, have given rise to concerns that the principles to be derived from that case are unclear. This is a serious deficiency given that State legislatures, not bound by a separation of powers doctrine at a State level, may choose to confer important decision-making functions on non-judicial bodies. This article explores whether a bipartite inquiry, such as that employed in the rights jurisprudence in both England and Strasbourg, may clarify the meaning and scope of the principle enunciated in Kable. It commences by formulating a mode of inquiry which is intended to assist courts in determining whether a legislative act impairs the institutional integrity of a State court. It then argues that the principle of proportionality should be employed to determine whether a prima facie impairment may nonetheless be excusable. Such a conclusion would be reached where it can established that the legislative act is necessary in a democratic society, in the sense that it addresses a pressing social need. The introduction of this limited ground of justification promotes greater clarity and ensures that an appropriate balance is maintained between State legislative autonomy and the institutional integrity of State courts.

1 Data concerning pesticide incidents investigated by the Field Operations Division (FOD) of the Health and Safety Executive (HSE) in Great Britain have been collated for the three year period April 1989 to March 1992. Over this period the HSE investigated 613 incidents concerning pes ticides : 338 related to general or environmental com plaints not involving human poisoning and 275 were sus pected poisoning incidents. 2 The two hundred and seventy-five suspected poisoning incidents were assessed by the Pesticide Incidents Appraisal Panel (PIAP) as 'confirmed', 'likely', 'unlikely', 'not confirmed', or that there were 'insufficient data' to make an assessment. Assessed data are unavailable for eight incidents reported in 1989. 3 Four hundred and eighteen members of the public were involved in 202 assessed incidents and 79 workers were exposed in 65 assessed incidents. Overall, 129 (48%) inci dents were assessed as 'confirmed' or 'likely', 121 (45%) as 'unlikely' or 'not confirmed' and in 17 (6%) there were 'insufficient data' to form a judgement. Incidents occur ring in an occupational setting were assessed as 'con firmed' or 'likely' more frequently (62%) than those involving members of the public (44%). 5 Thirty-six per cent of those involved in a 'confirmed' poisoning incident were working with a pesticide or were in close proximity to the operator; 41% were on private property adjacent to a field being sprayed and a further 23% involved those walking, cycling or jogging past a sprayed field. 6 These data underestimate the number of occupational pesticide poisoning incidents in Great Britain as incidents involving sheep dips are not considered by PIAP but are dealt with by a parallel scheme run by the Veterinary Medicines Directorate. In addition, few of the non-occupa tional incidents, for example those referred to one of the UK National Poisons Information Service Centres, are included in these data. 7 Sixty deaths from pesticide poisoning were recorded in England and Wales between 1989-1991, though the major ity of cases followed the deliberate ingestion of a pesticide rather than occupational exposure. Only one of these was reported to the HSE and that concerned the deliberate ingestion of mevinphos. A second death reported to the HSE involved a farmer who died some 11 months after he became unwell following fumigation of his glasshouse soil with methyl bromide by a contractor. It is unlikely that this death was related to exposure to methyl bromide. 8 Over the 3 year period of the study there was an increase in the number of prosecutions laid before the courts (Under the Control of Pesticides Regulations 1986 made under the Food and Environment Protection Act 1985), though the number of Enforcement Notices served decreased. In addition, the average total fine decreased for the incidents prosecuted successfully.

Purpose – The purpose of this paper is to explore the perceived low number of Scottish criminal convictions in cases of ill-treatment or wilful neglect of adults where the victims experienced mental disorder, and/or incapacity. Human rights and anti-discrimination legislation are drawn upon to consider whether victims are gaining equality of access to justice through the charging and conviction of those who commit these offences. Design/methodology/approach – The paper uses the concept of parity of participation to first set out the wider legal framework in which access of justice takes place and to try to determine how it may be working in practice. Second the paper explores Scottish guidance, research and case law in relation ill-treatment or wilful neglect to evaluate the seeming lack of progress towards criminal convictions. Findings – Whilst the legal framework, at least on paper, appears to promote equality of access to justice, little is known about how it is working in practice; in particular whether cultural barriers to participation are being addressed. Evaluation of Scottish statistical data on cases of ill-treatment and wilful neglect revealed a small number of cases progressing to court though there were challenges in constructing a pathway from charges to convictions. There also appeared to be no Scottish legal opinions published in connection with these cases. In addition lack of research means that little is known about why cases progress, and how victims might be being supported through the process. Research limitations/implications – It is suggested that these gaps in information, in comparison to England and Wales, might be hindering practice. In particular the apparent lack of operational definitions for ill-treatment and wilful neglect in Scotland may reduce the use of this type of criminal offence. As such criminal offences embedded within civil mental health and mental capacity legislation may currently be hidden in plain sight. The human rights consequences of the issues raised in this paper are argued as significant. Research is needed to fill these gaps and inform future guidance and training. Practical implications – Improved Scottish guidance and publicity of this issue is required. Local inter-agency discussions and training could develop a better understanding of how these offences have been defined and how disabled people might be supported through the legal processes. The Scottish publication of statistical information for charging and convictions might usefully record these offences separately to give them a greater public profile in the future. Originality/value – This paper highlights the dearth of publicly available information on the number and nature of Scottish prosecutions for ill-treatment or wilful neglect. It suggest ways in how this might be addressed.

Comprehensive scientific analysis of the legal status and powers of prosecutors in European countries has been conducted. The position of the prosecutor’s office in the system of the state mechanism of the European countries has been investigated. The main criteria for determining the place of the prosecutor’s office in the system of state bodies have been given. Depending on the position occupied by the prosecutor’s office in the system of state bodies, four groups of states have been distinguished: 1) states where the prosecutor’s office is part of the Ministry of Justice (Austria, Belgium, Denmark, France, Germany, the Netherlands, Poland); 2) states where the prosecutor’s office is included in the judiciary (magistracy) and is in the courts (Bulgaria, Spain, Italy); 3) states where the prosecutor’s office is allocated to a separate system and is accountable to parliament (Slovakia, Hungary); 4) states where the prosecutor’s office as an independent body of the state is absent (England). It is stated that the issues of organization and activity of prosecutor’s offices in European countries are solved at the national level, but taking into account the common standards of functioning of prosecutor’s offices, which are developed at the international, supranational and regional levels. It is determined that the basic norms concerning the functioning of the prosecutor’s office in European countries are provided mainly in the acts of procedural legislation. It has been found that the prosecutor’s office in European countries has a fairly wide range of powers. They prosecute, monitor the activities of investigating judges and the judicial police, support prosecutions in court, participate in civil cases when the public interest so requires, and exercise many other powers provided by law to regulate the activities of the prosecutor’s office. It is concluded that the principles of objectivity, impartiality and independence of the prosecutor’s office are enshrined and implemented in practice in the legislation of almost all European countries. It is concluded that the general trend of development of the Prosecutor’s Office of Ukraine should be the expansion of its functions, non-interference of the legislative and executive authorities in the substantive activities of the Prosecutor’s Office.

Based on literature studies, theoretical based for discontinue prosecution in Indonesia is hard to found. However, in develop countries such as US, England or Australia, theoretical based for discontinue prosecution can be identified as first, “realistic prospect of conviction” and second “prosecution on the public interest” theories. These two theories actually can be found in reasoning for SP3, SKPP and article 32 section c Prosecution Act. The primary difference is, in Indonesia, the discontinuity of public prosecution (SP3 and SKPP) is not discretional. In matters when the decision for discontinue the case appears, it put the Public Prosecutor and the Police Officer on dilemmatic position, such as in case No.04/Pi.Pralan/2008/PT.SBY and No. 01/Pdt.Praper/2005/PN.Sby. Reasonable prospect of conviction” or “prosecution on the public interest” should become guidance or theoretical based for discontinue prosecution in Indonesia. Key words : SP3 and SKPP, discretion.

IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. The author is also grateful to the reviewers of this article for their thoughtful comments and valuable suggestions. ReferencesAshley, Mike. “Introduction: Seeking the Evidence.” The Notting Hill Mystery. Author. Charles Warren Adams. London: The British Library, 2012. xxi-iv. Bell, Ian A. “Eighteenth-Century Crime Writing.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003/2006. 7-17.Brandwood, Katherine. “The Dark and Dreadful Interest”: Charles Dickens, Public Death and the Amusements of the People. MA Thesis. Washington, DC: Georgetown University, 2013. 19 Feb. 2017 <https://repository.library.georgetown.edu/bitstream/handle/10822/558266/Brandwood_georgetown_0076M_12287.pdf;sequence=1>.Collins, Philip. Dickens and Crime. London: Macmillan & Co, 1964.Cruickshanks, Eveline, and Howard Erskine-Hill. “The Waltham Black Act and Jacobitism.” Journal of British Studies 24.3 (1985): 358-65.Dickens, Charles. Oliver Twist; or, The Parish Boy’s Progress. London: Richard Bentley,1838.———. Barnaby Rudge: A Tale of the Riots of Eighty. London: Chapman & Hall, 1841. ———. The Life and Adventures of Martin Chuzzlewit. London: Chapman & Hall, 1844.———. “To the Editors of The Daily News.” The Daily News 28 Feb. 1846: 6. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 141–149.)———. “Letter to the Editor.” The Times 14 Nov. 1849: 4. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 149-51.)———. “A Detective Police Party, Part I.” Household Words 1.18 (1850): 409-14.———. “A Detective Police Party, Part II.” Household Words 1.20 (1850): 457-60.———. “Three Detective Anecdotes.” Household Words 1.25 (1850): 577-80.———. “On Duty with Inspector Field.” Household Words 3.64 (1851): 265-70.———. Bleak House. London: Bradbury and Evans, 1853/n.d.Doyle, Arthur Conan. “The Boscombe Valley Mystery.” The Adventures of Sherlock Holmes. London: Penguin, 1892/1981. 74–99.Emsley, Clive, Tim Hitchcock, and Robert Shoemaker. “The Proceedings: Ordinary of Newgate’s Accounts.” Old Bailey Proceedings Online, n.d. 4 Feb. 2017 <https://www.oldbaileyonline.org/static/Ordinarys-accounts.jsp>. Franks, Rachel. “True Crime: The Regular Reinvention of a Genre.” Journal of Asia-Pacific Pop Culture 1.2 (2016): 239-54. ———. “Stealing Stories: Punishment, Profit and the Ordinary of Newgate.” Refereed Proceedings of the 21st Conference of the Australasian Association of Writing Programs: Authorised Theft. Eds. Niloofar Fanaiyan, Rachel Franks, and Jessica Seymour. 2016. 1-11. 20 Mar. 2017 <http://www.aawp.org.au/publications/the-authorised-theft-papers/>.Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford UP, 1996.Gladfelder, Hal. Criminality and Narrative in Eighteenth-Century England. Baltimore: Johns Hopkins UP, 2001.Hitchens, Peter. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003.Lyman, J.L. “The Metropolitan Police Act of 1829.” Journal of Criminal Law, Criminology and Police Science 55.1 (1964): 141-54.Murley, Jean. The Rise of True Crime: 20th Century Murder and American Popular Culture. Westport: Praeger, 2008.Pepper, Andrew. “Early Crime Writing and the State: Jonathan Wilde, Daniel Defoe and Bernard Mandeville in 1720s London.” Textual Practice 25.3 (2011): 473-91. Priestman, Martin. “Post-War British Crime Fiction.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003. 173-89.Rawlings, Philip. “True Crime.” The British Criminology Conferences: Selected Proceedings, Volume 1: Emerging Themes in Criminology. Eds. Jon Vagg and Tim Newburn. London: British Society of Criminology (1998). 4 Feb. 2017 <http://www.britsoccrim.org/volume1/010.pdf>.Simpson, Antony E. Witnesses to the Scaffold: English Literary Figures as Observers of Public Executions. Lambertville: True Bill P, 2008.Walton, James. “Conrad, Dickens, and the Detective Novel.” Nineteenth-Century Fiction 23.4 (1969): 446-62.Wills, William Henry. “The Modern Science of Thief-Taking.” Household Words 1.16 (1850): 368-72.Worsley, Lucy. A Very British Murder: The Curious Story of How Crime Was Turned into Art. London: BBC Books, 2013/2014.

IntroductionIn the year 2000, a group of likeminded individuals got together and convened the first annual World Barista Championship in Monte Carlo. With twelve competitors from around the globe, each competitor was judged by seven judges: one head judge who oversaw the process, two technical judges who assessed technical skills, and four sensory judges who evaluated the taste and appearance of the espresso drinks. Competitors had fifteen minutes to serve four espresso coffees, four cappuccino coffees, and four “signature” drinks that they had devised using one shot of espresso and other ingredients of their choice, but no alcohol. The competitors were also assessed on their overall barista skills, their creativity, and their ability to perform under pressure and impress the judges with their knowledge of coffee. This competition has grown to the extent that eleven years later, in 2011, 54 countries held national barista championships with the winner from each country competing for the highly coveted position of World Barista Champion. That year, Alejandro Mendez from El Salvador became the first world champion from a coffee producing nation. Champion baristas are more likely to come from coffee consuming countries than they are from coffee producing countries as countries that produce coffee seldom have a culture of espresso coffee consumption. While Ireland is not a coffee-producing nation, the Irish are the highest per capita consumers of tea in the world (Mac Con Iomaire, “Ireland”). Despite this, in 2008, Stephen Morrissey from Ireland overcame 50 other national champions to become the 2008 World Barista Champion (see, http://vimeo.com/2254130). Another Irish national champion, Colin Harmon, came fourth in this competition in both 2009 and 2010. This paper discusses the history and development of coffee and coffee houses in Dublin from the 17th century, charting how coffee culture in Dublin appeared, evolved, and stagnated before re-emerging at the beginning of the 21st century, with a remarkable win in the World Barista Championships. The historical links between coffeehouses and media—ranging from print media to electronic and social media—are discussed. In this, the coffee house acts as an informal public gathering space, what urban sociologist Ray Oldenburg calls a “third place,” neither work nor home. These “third places” provide anchors for community life and facilitate and foster broader, more creative interaction (Oldenburg). This paper will also show how competition from other “third places” such as clubs, hotels, restaurants, and bars have affected the vibrancy of coffee houses. Early Coffee Houses The first coffee house was established in Constantinople in 1554 (Tannahill 252; Huetz de Lemps 387). The first English coffee houses opened in Oxford in 1650 and in London in 1652. Coffee houses multiplied thereafter but, in 1676, when some London coffee houses became hotbeds for political protest, the city prosecutor decided to close them. The ban was soon lifted and between 1680 and 1730 Londoners discovered the pleasure of drinking coffee (Huetz de Lemps 388), although these coffee houses sold a number of hot drinks including tea and chocolate as well as coffee.The first French coffee houses opened in Marseille in 1671 and in Paris the following year. Coffee houses proliferated during the 18th century: by 1720 there were 380 public cafés in Paris and by the end of the century there were 600 (Huetz de Lemps 387). Café Procope opened in Paris in 1674 and, in the 18th century, became a literary salon with regular patrons: Voltaire, Rousseau, Diderot and Condorcet (Huetz de Lemps 387; Pitte 472). In England, coffee houses developed into exclusive clubs such as Crockford’s and the Reform, whilst elsewhere in Europe they evolved into what we identify as cafés, similar to the tea shops that would open in England in the late 19th century (Tannahill 252-53). Tea quickly displaced coffee in popularity in British coffee houses (Taylor 142). Pettigrew suggests two reasons why Great Britain became a tea-drinking nation while most of the rest of Europe took to coffee (48). The first was the power of the East India Company, chartered by Elizabeth I in 1600, which controlled the world’s biggest tea monopoly and promoted the beverage enthusiastically. The second was the difficulty England had in securing coffee from the Levant while at war with France at the end of the seventeenth century and again during the War of the Spanish Succession (1702-13). Tea also became the dominant beverage in Ireland and over a period of time became the staple beverage of the whole country. In 1835, Samuel Bewley and his son Charles dared to break the monopoly of The East India Company by importing over 2,000 chests of tea directly from Canton, China, to Ireland. His family would later become synonymous with the importation of coffee and with opening cafés in Ireland (see, Farmar for full history of the Bewley's and their activities). Ireland remains the highest per-capita consumer of tea in the world. Coffee houses have long been linked with social and political change (Kennedy, Politicks; Pincus). The notion that these new non-alcoholic drinks were responsible for the Enlightenment because people could now gather socially without getting drunk is rejected by Wheaton as frivolous, since there had always been alternatives to strong drink, and European civilisation had achieved much in the previous centuries (91). She comments additionally that cafés, as gathering places for dissenters, took over the role that taverns had long played. Pennell and Vickery support this argument adding that by offering a choice of drinks, and often sweets, at a fixed price and in a more civilized setting than most taverns provided, coffee houses and cafés were part of the rise of the modern restaurant. It is believed that, by 1700, the commercial provision of food and drink constituted the second largest occupational sector in London. Travellers’ accounts are full of descriptions of London taverns, pie shops, coffee, bun and chop houses, breakfast huts, and food hawkers (Pennell; Vickery). Dublin Coffee Houses and Later incarnations The earliest reference to coffee houses in Dublin is to the Cock Coffee House in Cook Street during the reign of Charles II (1660-85). Public dining or drinking establishments listed in the 1738 Dublin Directory include taverns, eating houses, chop houses, coffee houses, and one chocolate house in Fownes Court run by Peter Bardin (Hardiman and Kennedy 157). During the second half of the 17th century, Dublin’s merchant classes transferred allegiance from taverns to the newly fashionable coffee houses as places to conduct business. By 1698, the fashion had spread to country towns with coffee houses found in Cork, Limerick, Kilkenny, Clonmel, Wexford, and Galway, and slightly later in Belfast and Waterford in the 18th century. Maxwell lists some of Dublin’s leading coffee houses and taverns, noting their clientele: There were Lucas’s Coffee House, on Cork Hill (the scene of many duels), frequented by fashionable young men; the Phoenix, in Werburgh Street, where political dinners were held; Dick’s Coffee House, in Skinner’s Row, much patronized by literary men, for it was over a bookseller’s; the Eagle, in Eustace Street, where meetings of the Volunteers were held; the Old Sot’s Hole, near Essex Bridge, famous for its beefsteaks and ale; the Eagle Tavern, on Cork Hill, which was demolished at the same time as Lucas’s to make room for the Royal Exchange; and many others. (76) Many of the early taverns were situated around the Winetavern Street, Cook Street, and Fishamble Street area. (see Fig. 1) Taverns, and later coffee houses, became meeting places for gentlemen and centres for debate and the exchange of ideas. In 1706, Francis Dickson published the Flying Post newspaper at the Four Courts coffee house in Winetavern Street. The Bear Tavern (1725) and the Black Lyon (1735), where a Masonic Lodge assembled every Wednesday, were also located on this street (Gilbert v.1 160). Dick’s Coffee house was established in the late 17th century by bookseller and newspaper proprietor Richard Pue, and remained open until 1780 when the building was demolished. In 1740, Dick’s customers were described thus: Ye citizens, gentlemen, lawyers and squires,who summer and winter surround our great fires,ye quidnuncs! who frequently come into Pue’s,To live upon politicks, coffee, and news. (Gilbert v.1 174) There has long been an association between coffeehouses and publishing books, pamphlets and particularly newspapers. Other Dublin publishers and newspapermen who owned coffee houses included Richard Norris and Thomas Bacon. Until the 1850s, newspapers were burdened with a number of taxes: on the newsprint, a stamp duty, and on each advertisement. By 1865, these taxes had virtually disappeared, resulting in the appearance of 30 new newspapers in Ireland, 24 of them in Dublin. Most people read from copies which were available free of charge in taverns, clubs, and coffee houses (MacGiolla Phadraig). Coffee houses also kept copies of international newspapers. On 4 May 1706, Francis Dickson notes in the Dublin Intelligence that he held the Paris and London Gazettes, Leyden Gazette and Slip, the Paris and Hague Lettres à la Main, Daily Courant, Post-man, Flying Post, Post-script and Manuscripts in his coffeehouse in Winetavern Street (Kennedy, “Dublin”). Henry Berry’s analysis of shop signs in Dublin identifies 24 different coffee houses in Dublin, with the main clusters in Essex Street near the Custom’s House (Cocoa Tree, Bacon’s, Dempster’s, Dublin, Merchant’s, Norris’s, and Walsh’s) Cork Hill (Lucas’s, St Lawrence’s, and Solyman’s) Skinners’ Row (Bow’s’, Darby’s, and Dick’s) Christ Church Yard (Four Courts, and London) College Green (Jack’s, and Parliament) and Crampton Court (Exchange, and Little Dublin). (see Figure 1, below, for these clusters and the locations of other Dublin coffee houses.) The earliest to be referenced is the Cock Coffee House in Cook Street during the reign of Charles II (1660-85), with Solyman’s (1691), Bow’s (1692), and Patt’s on High Street (1699), all mentioned in print before the 18th century. The name of one, the Cocoa Tree, suggests that chocolate was also served in this coffee house. More evidence of the variety of beverages sold in coffee houses comes from Gilbert who notes that in 1730, one Dublin poet wrote of George Carterwright’s wife at The Custom House Coffee House on Essex Street: Her coffee’s fresh and fresh her tea,Sweet her cream, ptizan, and whea,her drams, of ev’ry sort, we findboth good and pleasant, in their kind. (v. 2 161) Figure 1: Map of Dublin indicating Coffee House clusters 1 = Sackville St.; 2 = Winetavern St.; 3 = Essex St.; 4 = Cork Hill; 5 = Skinner's Row; 6 = College Green.; 7 = Christ Church Yard; 8 = Crampton Court.; 9 = Cook St.; 10 = High St.; 11 = Eustace St.; 12 = Werburgh St.; 13 = Fishamble St.; 14 = Westmorland St.; 15 = South Great George's St.; 16 = Grafton St.; 17 = Kildare St.; 18 = Dame St.; 19 = Anglesea Row; 20 = Foster Place; 21 = Poolbeg St.; 22 = Fleet St.; 23 = Burgh Quay.A = Cafe de Paris, Lincoln Place; B = Red Bank Restaurant, D'Olier St.; C = Morrison's Hotel, Nassau St.; D = Shelbourne Hotel, St. Stephen's Green; E = Jury's Hotel, Dame St. Some coffee houses transformed into the gentlemen’s clubs that appeared in London, Paris and Dublin in the 17th century. These clubs originally met in coffee houses, then taverns, until later proprietary clubs became fashionable. Dublin anticipated London in club fashions with members of the Kildare Street Club (1782) and the Sackville Street Club (1794) owning the premises of their clubhouse, thus dispensing with the proprietor. The first London club to be owned by the members seems to be Arthur’s, founded in 1811 (McDowell 4) and this practice became widespread throughout the 19th century in both London and Dublin. The origin of one of Dublin’s most famous clubs, Daly’s Club, was a chocolate house opened by Patrick Daly in c.1762–65 in premises at 2–3 Dame Street (Brooke). It prospered sufficiently to commission its own granite-faced building on College Green between Anglesea Street and Foster Place which opened in 1789 (Liddy 51). Daly’s Club, “where half the land of Ireland has changed hands”, was renowned for the gambling that took place there (Montgomery 39). Daly’s sumptuous palace catered very well (and discreetly) for honourable Members of Parliament and rich “bucks” alike (Craig 222). The changing political and social landscape following the Act of Union led to Daly’s slow demise and its eventual closure in 1823 (Liddy 51). Coincidentally, the first Starbucks in Ireland opened in 2005 in the same location. Once gentlemen’s clubs had designated buildings where members could eat, drink, socialise, and stay overnight, taverns and coffee houses faced competition from the best Dublin hotels which also had coffee rooms “in which gentlemen could read papers, write letters, take coffee and wine in the evening—an exiguous substitute for a club” (McDowell 17). There were at least 15 establishments in Dublin city claiming to be hotels by 1789 (Corr 1) and their numbers grew in the 19th century, an expansion which was particularly influenced by the growth of railways. By 1790, Dublin’s public houses (“pubs”) outnumbered its coffee houses with Dublin boasting 1,300 (Rooney 132). Names like the Goose and Gridiron, Harp and Crown, Horseshoe and Magpie, and Hen and Chickens—fashionable during the 17th and 18th centuries in Ireland—hung on decorative signs for those who could not read. Throughout the 20th century, the public house provided the dominant “third place” in Irish society, and the drink of choice for itd predominantly male customers was a frothy pint of Guinness. Newspapers were available in public houses and many newspapermen had their own favourite hostelries such as Mulligan’s of Poolbeg Street; The Pearl, and The Palace on Fleet Street; and The White Horse Inn on Burgh Quay. Any coffee served in these establishments prior to the arrival of the new coffee culture in the 21st century was, however, of the powdered instant variety. Hotels / Restaurants with Coffee Rooms From the mid-19th century, the public dining landscape of Dublin changed in line with London and other large cities in the United Kingdom. Restaurants did appear gradually in the United Kingdom and research suggests that one possible reason for this growth from the 1860s onwards was the Refreshment Houses and Wine Licences Act (1860). The object of this act was to “reunite the business of eating and drinking”, thereby encouraging public sobriety (Mac Con Iomaire, “Emergence” v.2 95). Advertisements for Dublin restaurants appeared in The Irish Times from the 1860s. Thom’s Directory includes listings for Dining Rooms from the 1870s and Refreshment Rooms are listed from the 1880s. This pattern continued until 1909, when Thom’s Directory first includes a listing for “Restaurants and Tea Rooms”. Some of the establishments that advertised separate coffee rooms include Dublin’s first French restaurant, the Café de Paris, The Red Bank Restaurant, Morrison’s Hotel, Shelbourne Hotel, and Jury’s Hotel (see Fig. 1). The pattern of separate ladies’ coffee rooms emerged in Dublin and London during the latter half of the 19th century and mixed sex dining only became popular around the last decade of the 19th century, partly infuenced by Cesar Ritz and Auguste Escoffier (Mac Con Iomaire, “Public Dining”). Irish Cafés: From Bewley’s to Starbucks A number of cafés appeared at the beginning of the 20th century, most notably Robert Roberts and Bewley’s, both of which were owned by Quaker families. Ernest Bewley took over the running of the Bewley’s importation business in the 1890s and opened a number of Oriental Cafés; South Great Georges Street (1894), Westmoreland Street (1896), and what became the landmark Bewley’s Oriental Café in Grafton Street (1927). Drawing influence from the grand cafés of Paris and Vienna, oriental tearooms, and Egyptian architecture (inspired by the discovery in 1922 of Tutankhamen’s Tomb), the Grafton Street business brought a touch of the exotic into the newly formed Irish Free State. Bewley’s cafés became the haunt of many of Ireland’s leading literary figures, including Samuel Becket, Sean O’Casey, and James Joyce who mentioned the café in his book, Dubliners. A full history of Bewley’s is available (Farmar). It is important to note, however, that pots of tea were sold in equal measure to mugs of coffee in Bewley’s. The cafés changed over time from waitress- to self-service and a failure to adapt to changing fashions led to the business being sold, with only the flagship café in Grafton Street remaining open in a revised capacity. It was not until the beginning of the 21st century that a new wave of coffee house culture swept Ireland. This was based around speciality coffee beverages such as espressos, cappuccinos, lattés, macchiatos, and frappuccinnos. This new phenomenon coincided with the unprecedented growth in the Irish economy, during which Ireland became known as the “Celtic Tiger” (Murphy 3). One aspect of this period was a building boom and a subsequent growth in apartment living in the Dublin city centre. The American sitcom Friends and its fictional coffee house, “Central Perk,” may also have helped popularise the use of coffee houses as “third spaces” (Oldenberg) among young apartment dwellers in Dublin. This was also the era of the “dotcom boom” when many young entrepreneurs, software designers, webmasters, and stock market investors were using coffee houses as meeting places for business and also as ad hoc office spaces. This trend is very similar to the situation in the 17th and early 18th centuries where coffeehouses became known as sites for business dealings. Various theories explaining the growth of the new café culture have circulated, with reasons ranging from a growth in Eastern European migrants, anti-smoking legislation, returning sophisticated Irish emigrants, and increased affluence (Fenton). Dublin pubs, facing competition from the new coffee culture, began installing espresso coffee machines made by companies such as Gaggia to attract customers more interested in a good latté than a lager and it is within this context that Irish baristas gained such success in the World Barista competition. In 2001 the Georges Street branch of Bewley’s was taken over by a chain called Café, Bar, Deli specialising in serving good food at reasonable prices. Many ex-Bewley’s staff members subsequently opened their own businesses, roasting coffee and running cafés. Irish-owned coffee chains such as Java Republic, Insomnia, and O’Brien’s Sandwich Bars continued to thrive despite the competition from coffee chains Starbucks and Costa Café. Indeed, so successful was the handmade Irish sandwich and coffee business that, before the economic downturn affected its business, Irish franchise O’Brien’s operated in over 18 countries. The Café, Bar, Deli group had also begun to franchise its operations in 2008 when it too became a victim of the global economic downturn. With the growth of the Internet, many newspapers have experienced falling sales of their printed format and rising uptake of their electronic versions. Most Dublin coffee houses today provide wireless Internet connections so their customers can read not only the local newspapers online, but also others from all over the globe, similar to Francis Dickenson’s coffee house in Winetavern Street in the early 18th century. Dublin has become Europe’s Silicon Valley, housing the European headquarters for companies such as Google, Yahoo, Ebay, Paypal, and Facebook. There are currently plans to provide free wireless connectivity throughout Dublin’s city centre in order to promote e-commerce, however, some coffee houses shut off the wireless Internet in their establishments at certain times of the week in order to promote more social interaction to ensure that these “third places” remain “great good places” at the heart of the community (Oldenburg). Conclusion Ireland is not a country that is normally associated with a coffee culture but coffee houses have been part of the fabric of that country since they emerged in Dublin in the 17th century. These Dublin coffee houses prospered in the 18th century, and survived strong competition from clubs and hotels in the 19th century, and from restaurant and public houses into the 20th century. In 2008, when Stephen Morrissey won the coveted title of World Barista Champion, Ireland’s place as a coffee consuming country was re-established. The first decade of the 21st century witnessed a birth of a new espresso coffee culture, which shows no signs of weakening despite Ireland’s economic travails. References Berry, Henry F. “House and Shop Signs in Dublin in the Seventeenth and Eighteenth Centuries.” The Journal of the Royal Society of Antiquaries of Ireland 40.2 (1910): 81–98. Brooke, Raymond Frederick. Daly’s Club and the Kildare Street Club, Dublin. Dublin, 1930. Corr, Frank. Hotels in Ireland. Dublin: Jemma Publications, 1987. Craig, Maurice. Dublin 1660-1860. Dublin: Allen Figgis, 1980. Farmar, Tony. The Legendary, Lofty, Clattering Café. Dublin: A&A Farmar, 1988. Fenton, Ben. “Cafe Culture taking over in Dublin.” The Telegraph 2 Oct. 2006. 29 Apr. 2012 ‹http://www.telegraph.co.uk/news/uknews/1530308/cafe-culture-taking-over-in-Dublin.html›. Gilbert, John T. A History of the City of Dublin (3 vols.). Dublin: Gill and Macmillan, 1978. Girouard, Mark. Victorian Pubs. New Haven, Conn.: Yale UP, 1984. Hardiman, Nodlaig P., and Máire Kennedy. A Directory of Dublin for the Year 1738 Compiled from the Most Authentic of Sources. Dublin: Dublin Corporation Public Libraries, 2000. Huetz de Lemps, Alain. “Colonial Beverages and Consumption of Sugar.” Food: A Culinary History from Antiquity to the Present. Eds. Jean-Louis Flandrin and Massimo Montanari. New York: Columbia UP, 1999. 383–93. Kennedy, Máire. “Dublin Coffee Houses.” Ask About Ireland, 2011. 4 Apr. 2012 ‹http://www.askaboutireland.ie/reading-room/history-heritage/pages-in-history/dublin-coffee-houses›. ----- “‘Politicks, Coffee and News’: The Dublin Book Trade in the Eighteenth Century.” Dublin Historical Record LVIII.1 (2005): 76–85. Liddy, Pat. Temple Bar—Dublin: An Illustrated History. Dublin: Temple Bar Properties, 1992. Mac Con Iomaire, Máirtín. “The Emergence, Development, and Influence of French Haute Cuisine on Public Dining in Dublin Restaurants 1900-2000: An Oral History.” Ph.D. thesis, Dublin Institute of Technology, Dublin, 2009. 4 Apr. 2012 ‹http://arrow.dit.ie/tourdoc/12›. ----- “Ireland.” Food Cultures of the World Encylopedia. Ed. Ken Albala. Westport, CT: Greenwood Press, 2010. ----- “Public Dining in Dublin: The History and Evolution of Gastronomy and Commercial Dining 1700-1900.” International Journal of Contemporary Hospitality Management 24. Special Issue: The History of the Commercial Hospitality Industry from Classical Antiquity to the 19th Century (2012): forthcoming. MacGiolla Phadraig, Brian. “Dublin: One Hundred Years Ago.” Dublin Historical Record 23.2/3 (1969): 56–71. Maxwell, Constantia. Dublin under the Georges 1714–1830. Dublin: Gill & Macmillan, 1979. McDowell, R. B. Land & Learning: Two Irish Clubs. Dublin: The Lilliput P, 1993. Montgomery, K. L. “Old Dublin Clubs and Coffee-Houses.” New Ireland Review VI (1896): 39–44. Murphy, Antoine E. “The ‘Celtic Tiger’—An Analysis of Ireland’s Economic Growth Performance.” EUI Working Papers, 2000 29 Apr. 2012 ‹http://www.eui.eu/RSCAS/WP-Texts/00_16.pdf›. Oldenburg, Ray, ed. Celebrating the Third Place: Inspiring Stories About The “Great Good Places” At the Heart of Our Communities. New York: Marlowe & Company 2001. Pennell, Sarah. “‘Great Quantities of Gooseberry Pye and Baked Clod of Beef’: Victualling and Eating out in Early Modern London.” Londinopolis: Essays in the Cultural and Social History of Early Modern London. Eds. Paul Griffiths and Mark S. R. Jenner. Manchester: Manchester UP, 2000. 228–59. Pettigrew, Jane. A Social History of Tea. London: National Trust Enterprises, 2001. Pincus, Steve. “‘Coffee Politicians Does Create’: Coffeehouses and Restoration Political Culture.” The Journal of Modern History 67.4 (1995): 807–34. Pitte, Jean-Robert. “The Rise of the Restaurant.” Food: A Culinary History from Antiquity to the Present. Eds. Jean-Louis Flandrin and Massimo Montanari. New York: Columbia UP, 1999. 471–80. Rooney, Brendan, ed. A Time and a Place: Two Centuries of Irish Social Life. Dublin: National Gallery of Ireland, 2006. Tannahill, Reay. Food in History. St Albans, Herts.: Paladin, 1975. Taylor, Laurence. “Coffee: The Bottomless Cup.” The American Dimension: Cultural Myths and Social Realities. Eds. W. Arens and Susan P. Montague. Port Washington, N.Y.: Alfred Publishing, 1976. 14–48. Vickery, Amanda. Behind Closed Doors: At Home in Georgian England. New Haven: Yale UP, 2009. Wheaton, Barbara Ketcham. Savouring the Past: The French Kitchen and Table from 1300-1789. London: Chatto & Windus, Hogarth P, 1983. Williams, Anne. “Historical Attitudes to Women Eating in Restaurants.” Public Eating: Proceedings of the Oxford Symposium on Food and Cookery 1991. Ed. Harlan Walker. Totnes: Prospect Books, 1992. 311–14. World Barista, Championship. “History–World Barista Championship”. 2012. 02 Apr. 2012 ‹http://worldbaristachampionship.com2012›.AcknowledgementA warm thank you to Dr. Kevin Griffin for producing the map of Dublin for this article.

BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth, Western Australia, over claims that she concealed the birth of her stillborn child after giving birth in the remote north west town of Halls Creek during May of the same year. Both women denied the existence of their children, both appear to have given birth to their “illegitimate” babies alone, and both women claimed that they did not know that they had ever been pregnant at all. In addition, both women hid the body of their dead child for several days while the people they lived with or were close to, did not appear to notice that the mother of the child had had a baby. In neither case did any person associated with either woman seek to look for the missing child after it had been born.Despite occurring 182 years apart, the striking similarities between these cases could lead to the assumption that it is almost as if there were a written script of behaviour that would explain the actions of both young women. Close examination of the laws surrounding child murder, infanticide and concealment of birth reveals evidence of similar behaviours being enacted by women as far back as the 1600s (and earlier), and all are shaped in response to the legal frameworks that prosecuted women who gave birth outside of marriage.This article traces the history of child murder law from its formation in England in the 1600s and explores how early moral assumptions concerning unmarried mothers echoed through the lived experiences of women who killed their illegitimate babies in colonial Western Australia, and continue to resonate in the treatment of, and legal response to, women accused of similar crimes in the present day. The Unlicensed ChildThe unlicensed child is a term coined by Swain and Howe to more accurately define the social matrix faced by single women and their children in Australia. The term seeks to emphasise the repressive and controlling religious, legal and social pressures that acted on Australian women who had children outside marriage until the mid-1970s (xxi, 1, 92, 94). For the purposes of this article, I extend Swain and Howe’s term the unlicensed child to coin the term the unlicensed mother. Following on from Swain and Howe’s definition, if the children of unmarried mothers did not have a license to be born, it is essential to acknowledge that their mothers did not have a license to give birth. Women who had children without social and legal sanction gave birth within a society that did not allocate them “permission” to be mothers, something that the corporeality of pregnancy made it impossible for them not to be. Their own bodies—and the bodies of the babies growing inside them—betrayed them. Unlicensed mothers were punished socially, religiously, legally and financially, and their children were considered sinful and inferior to children who had married parents simply because they had been born (Scheper-Hughes 410). This unspoken lack of authorisation to experience the unavoidably innate physicality of pregnancy, birth and motherhood, in turn implies that, until recently unmarried mothers did not have license to be mothers. Two MothersAll that remains of the “case” of Mary Summerland is a file archived at the State Records Office of Western Australia under the title CONS 3472, Item 10: Rex V Mary Summerland. Yet revealed within those sparse documents is a story echoed by the events surrounding Caroline Quinn nearly two hundred years later. In September 1832, Mary Summerland was an unmarried domestic servant living and working in Fremantle when the body of a baby was found lying on a beach very close to the settlement. Western Australia had only been colonized by the British in 1829. The discovery of the body of an infant in such a tiny village (colonial Fremantle had a population of only 436 women and girls out of 1341 non-Aboriginal emigrants) (Gardiner) set in motion an inquest that resulted in Mary Summerland being investigated over the suspicious death of the child.The records suggest that Mary may have given birth, apparently alone, over a week prior to the corpse of the baby being discovered, yet no one in Fremantle, including her employer and her family, appeared to have noticed that Mary might have been pregnant, or that she had given birth to a child. When Mary Summerland was eventually accused of giving birth to the baby, she strongly denied that she had ever been pregnant, and denied being the mother of the child. It is not known how her infant ended up being disposed of in the ocean. It is also not known if Mary was eventually charged with concealment or child murder, but in either scenario, the case against her was dismissed as “no true bill” when she faced her trial. The details publically available on the case of Caroline Quinn are also sparse. Even the sex of her child has not been revealed in any of the media coverage of the event. Yet examination of the limited details available on her charge of “concealment of birth” reveal similarities between her behaviours and those of Mary Summerland.In May 2014 Caroline Quinn had been “travelling with friends in the Kimberly region of Western Australia” (Lee), and, just as Mary did, Caroline claims she “did not realise that she was pregnant” when she went into labour (Independent.ie). She appears, like Mary Summerland, to have given birth alone, and also like Mary, when her child died due to unexplained circumstances she hid the corpse for several days. Also echoing Mary’s story, no person in the sparsely populated Hall’s Creek community (the town has a populace of 1,211) or any friends in Caroline’s circle of acquaintances appears to have noticed her pregnancy, nor did they realise that she had given birth to a baby until the body of the child was discovered hidden in a hotel room several days after her or his birth. The media records are unclear as to whether Caroline revealed her condition to her friends or whether they “discovered” the body without her assistance. The case was not brought to the attention of authorities until Caroline’s friends took her to receive medical attention at the local hospital and staff there notified the police.Media coverage of the death of Caroline Quinn’s baby suggests her child was stillborn or died soon after birth. As of 13 August 2014 Caroline was granted leave by the Chief Magistrate to return home to Ireland while she awaited her trial, as “without trivialising the matter, nothing more serious was alleged than the concealing of the birth” (Collins, "Irish Woman"). Caroline Quinn was not required to return to Australia to appear at her trial and when the case was presented at the Perth Magistrates Court on Thursday 2 October, all charges against her were dropped as the prosecutor felt “it was not in the public interest” to proceed with legal action (Collins, "Case").Statutory MarginalisationTo understand the similarities between the behaviours of, and legal and medical response to, Mary Summerland and Caroline Quinn, it is important to situate the deaths of their children within the wider context of child murder, concealment of birth and “bastardy” law. Tracing the development of these methods of law-making clarifies the parallels between much of the child murder, infanticide and concealment of birth narrative that has occurred in Western Australia since non-Aboriginal settlement.Despite the isolated nature of Western Australia, the nearly 400 years since the law was formed in England, and the extremely remote rural locations where both these women lived and worked, their stories are remarkably alike. It is almost as if there were a written script and each member of the cast knew what role to play: both Mary and Caroline knew to hide their pregnancies, to deny the overwhelmingly traumatic experience of giving birth alone, and to conceal the corpses of their babies. The fathers of their children appear to have cut off any connection to the women or their child. The family, friends, or employers of the parents of the dead babies knew to pretend that they did not know that the mother was pregnant or who the father was. The police and medical officers knew to charge these women and to collect evidence that could be used to simultaneously meet the needs of the both prosecution and the defence when the cases were brought to trial.In reference to Mary Summerland’s case, in colonial Western Australia when a woman gave birth to an infant who died under suspicious circumstances, she could be prosecuted with two charges: “child murder” and/or “concealment of birth”. It is suggestive that Mary may have been charged with both. The laws regarding these two offences were focused almost exclusively on the deaths of unlicensed children and were so deeply interconnected they are difficult to untangle. For Probyn, shame pierces the centre of who we think we are, “what makes it remarkable is that it reveals with precision our values, hopes and aspirations, beyond the generalities of good manners and cultured norms” (x). Dipping into the streams of legal and medical discourse that flow back to the seventeenth century highlights the pervasiveness of discourses marginalising single women and their children. This situates Mary Summerland and Caroline Quinn within a ‘burden on society’ narrative of guilt, blame and shame that has been in circulation for over 500 years, and continues to resonate in the present (Coull).An Act to Prevent the Destroying and Murthering of Bastard ChildrenIn England prior to the 17th century, penalties for extramarital sex, the birth and/or maintenance of unlicensed children or for committing child murder were expressed through church courts (Damme 2-6; Rapaport 548; Butler 61; Hoffer and Hull 3-4). Discussion of how the punishment of child murder left the religious sphere and came to be regulated by secular laws that were focused exclusively on the unlicensed mother points to two main arguments: firstly, the patriarchal response to unlicensed (particularly female) sexuality; and secondly, a moral panic regarding a perceived rise in unlicensed pregnancies in women of the lower classes, and the resulting financial burden placed on local parishes to support unwanted, unlicensed children (Rapaport 532, 48-52; McMahon XVII, 126-29; Osborne 49; Meyer 3-8 of 14). In many respects, as Meyer suggests, “the legal system subtly encouraged neonaticide through its nearly universally negative treatment of bastard children” (240).The first of these “personal control laws” (Hoffer and Hull 13) was the Old Poor Law created by Henry VIII in 1533, and put in place to regulate all members of English society who needed to rely on the financial assistance of the parish to survive. Prior to 1533, “by custom the children of the rich depended on their relations, while the ‘fatherless poor’ relied on the charity of the monastic institutions and the municipalities” (Teichman 60-61). Its implementation marks the historical point where the state began to take responsibility for maintenance of the poor away from the church by holding communities responsible for “the problem of destitution” (Teichman 60-61; Meyer 243).The establishment of the poor law system of relief created a hierarchy of poverty in which some poor people, such as those suffering from sickness or those who were old, were seen as worthy of receiving support, while others, who were destitute as a result of “debauchery” or other self-inflicted means were seen as undeserving and sent to a house of correction or common gaol. Underprivileged, unlicensed mothers and their children were seen to be part of the category of recipients unfit for help (Jackson 31). Burdens on SocietyIt was in response to the narrative of poor unlicensed women and their children being undeserving fiscal burdens on law abiding, financially stretched community members that in 1576 a law targeted specifically at holding genetic parents responsible for the financial maintenance of unlicensed children entered the secular courts for the first time. Called the Elizabethan Poor Law it was enacted in response to the concerns of local parishes who felt that, due to the expenses exacted by the poor laws, they were being burdened with the care of a greatly increased number of unlicensed children (Jackson 30; Meyer 5-6; Teichman 61). While the 1576 legislation prosecuted both parents of unlicensed children, McMahon interprets the law as being created in response to a blend of moral and economic forces, undergirded by a deep, collective fear of illegitimacy (McMahon 128). By the 1570s “unwed mothers were routinely whipped and sent to prison” (Meyer 242) and “guardians of the poor” could force unlicensed mothers to wear a “badge” (Teichman 63). Yet surprisingly, while parishes felt that numbers of unlicensed children were increasing, no concomitant rise was actually recorded (McMahon 128).The most damning evidence of the failure of this law, was the surging incidence of infanticide following its implementation (Rapaport 548-49; Hoffer and Hull 11-13). After 1576 the number of women prosecuted for infanticide increased by 225 percent. Convictions resulting in unlicensed mothers being executed also rose (Meyer 246; Hoffer and Hull 8, 18).Infanticide IncreasesBy 1624 the level of infanticide in local communities was deemed to be so great An Act to Prevent the Destroying and Murthering of Bastard Children was created. The Act made child murder a “sex-specific crime”, focused exclusively on the unlicensed mother, who if found guilty of the offence was punished by death. Probyn suggests that “shame is intimately social” (77) and indeed, the wording of An Act to Prevent highlights the remarkably similar behaviours enacted by single women desperate to avoid the shame and criminal implication linked to the social position of unlicensed mother: Whereas many lewd Women that have been delivered of Bastard Children, to avoyd their shame and to escape punishment [my italics], doe secretlie bury, or conceale the Death of their Children, and after if the child be found dead the said Women doe alleadge that the said Children were borne dead;…For the preventing therefore of this great Mischiefe…if any Woman…be delivered of any issue of the Body, Male or Female, which being born alive, should by the Lawes of this Realm be a bastard, and that she endeavour privatlie either by drowning or secret burying thereof, or any other way, either by herselfe of the procuring of others, soe to conceale the Death thereof, as that it may not come to light, whether it be borne alive or not, but be concealed, in every such Case the Mother so offending shall suffer Death… (Davies 214; O'Donovan 259; Law Reform Commission of Western Australia 104; Osborne 49; Rose 1-2; Rapaport 548). An Act to Prevent also “contained an extraordinary provision which was a reversion of the ordinary common law presumption of dead birth” (Davies 214), removing the burden of proof from the prosecution and placing it on the defence (Francus 133; McMahon 128; Meyer 2 of 14). The implication being that if the dead body of a newborn, unlicensed baby was found hidden, it was automatically assumed that the child had been murdered by their mother (Law Reform Commission of Western Australia 104; Osborne 49; Rapaport 549-50; Francus 133). This made the Act unusual in that “the offence involved was the concealment of death rather than the death itself” (O'Donovan 259). The only way an unlicensed mother charged with child murder was able to avoid capital punishment was to produce at least one witness to give evidence that the child was “borne dead” (Law Reform Commission of Western Australia 104; Meyer 238; McMahon 126-27).Remarkable SimilaritiesClearly, the objective of An Act to Prevent was not simply to preserve infant life. It is suggestive that it was enacted in response to women wishing to avoid the legal, social, corporal and religious punishment highlighted by the implementation of the poor law legislation enacted throughout earlier centuries. It is also suggestive that these pressures were so powerful that threat of death if found guilty of killing their neonate baby was not enough to deter women from concealing their unlicensed pregnancies and committing child murder. Strikingly analogous to the behaviours of Mary Summerland in 19th century colonial Western Australia, and Caroline Quinn in 2014, the self-preservation implicit in the “strategies of secrecy” (Gowing 87) surrounding unlicensed birth and child murder often left the mother of a dead baby as the only witness to her baby’s death (McMahon xvii 49-50).An Act to Prevent set in motion the legislation that was eventually used to prosecute Mary Summerland in colonial Western Australia (Jackson 7, Davies, 213) and remnants of it still linger in the present where they have been incorporated into the ‘concealment of birth law’ that prosecuted Caroline Quinn (Legal Online TLA [10.1.182]).Changing the ‘Script’Shame runs like a viral code through the centuries to resonate within the legal response to women who committed infanticide in colonial Western Australia. It continues on through the behaviours of, and legal responses to, the story of Caroline Quinn and her child. As Probyn observes, “shame reminds us about the promises we keep to ourselves” in turn revealing our desire for belonging and elements of our deepest fears (p. x). While Caroline may live in a society that no longer outwardly condemns women who give birth outside of marriage, it is fascinating that the suite of behaviours manifested in response to her pregnancy and the birth of her child—by herself, her friends, and the wider community—can be linked to the narratives surrounding the formation of “child murder” and “concealment” law nearly 400 years earlier. Caroline’s narrative also encompasses similar behaviours enacted by Mary Summerland in 1832, in particular that Caroline knew to say that her child was “born dead” and that she had merely concealed her or his body—nothing more. This behaviour appears to have secured the release of both women as although both Mary and Caroline faced criminal investigation, neither was convicted of any crime. Yet, neither of these women or their small communities were alone in their responses. My research has uncovered 55 cases linked to child murder in Western Australia and the people involved in all of these incidences share unusually similar behaviours (Gardiner). Perhaps, it is only through the wider community becoming aware of the resonance of child murder law echoing through the centuries, that certain women who are pregnant with unwanted children will be able to write a different script for themselves, and their “unlicensed” children. ReferencesButler, Sara, M. "A Case of Indifference? Child Murder in Later Medieval England." Journal of Women's History 19.4 (2007): 59-82. Collins, Padraig. "Case against Irish Woman for Concealing Birth Dropped." The Irish Times 2 Oct. 2014. ---. "Irish Woman Held for Hiding Birth in Australia Allowed Return Home." The Irish Times 13 Aug. 2014. Coull, Kim. “The Womb Artist – A Novel: Translating Late Discovery Adoptee Pre-Verbal Trauma into Narrative”. Dissertation. Perth, WA: Edith Cowan University, 2014.Damme, Catherine. "Infanticide: The Worth of an Infant under Law." Medical History 22.1 (1978): 1-24. Davies, D.S. "Child-Killing in English Law." The Modern Law Review 1.3 (1937): 203-23. Dickinson, J.R., and J.A. Sharpe. "Infanticide in Early Modern England: The Court of Great Sessions at Chester, 1650-1800." Infanticide: Historical Perspectives on Child Murder and Concealment, 1550-2000. Ed. Mark Jackson. Hants: Ashgate, 2002. 35-51.Francus, Marilyn. "Monstrous Mothers, Monstrous Societies: Infanticide and the Rule of Law in Restoration and Eighteenth-Century England." Eighteenth-Century Life 21.2 (1997): 133-56. Gardiner, Amanda. "Sex, Death and Desperation: Infanticide, Neonaticide and Concealment of Birth in Colonial Western Australia." Dissertation. Perth, WA: Edith Cowan University, 2014.Gowing, Laura. "Secret Births and Infanticide in Seventeenth-Century England." Past & Present 156 (1997): 87-115. Hoffer, Peter C., and N.E.H. Hull. Murdering Mothers: Infanticide in England and New England 1558-1803. New York: New York University Press, 1984. Independent.ie. "Irish Woman Facing Up to Two Years in Jail for Concealing Death of Her Baby in Australia." 8 Aug. 2014. Law Reform Commission of Western Australia. "Chapter 3: Manslaughter and Other Homicide Offences." Review of the Law of Homicide: Final Report. Perth: Law Reform Commission of Western Australia, 2007. 85-117.Lee, Sally. "Irish Backpacker Charged over the Death of a Baby She Gave Birth to While Travelling in the Australia [sic] Outback." Daily Mail 8 Aug. 2014. Legal Online. "The Laws of Australia." Thomson Reuters 2010. McMahon, Vanessa. Murder in Shakespeare's England. London: Hambledon and London, 2004. Meyer, Jon'a. "Unintended Consequences for the Youngest Victims: The Role of Law in Encouraging Neonaticide from the Seventeenth to Nineteenth Centuries." Criminal Justice Studies 18.3 (2005): 237-54. O'Donovan, K. "The Medicalisation of Infanticide." Criminal Law Review (May 1984): 259-64. Osborne, Judith A. "The Crime of Infanticide: Throwing Out the Baby with the Bathwater." Canadian Journal of Family Law 6 (1987): 47-59. Rapaport, Elizabeth. "Mad Women and Desperate Girls: Infanticide and Child Murder in Law and Myth." Fordham Urban Law Journal 33.2 (2006): 527-69.Rose, Lionel. The Massacre of the Innocents: Infanticide in Britain, 1800-1939. London: Routledge & Kegan, 1986. Scheper-Hughes, Nancy. Death without Weeping: The Violence of Everyday Life in Brazil. Los Angeles: University of California Press, 1992. Swain, Shurlee, and Renate Howe. Single Mothers and Their Children: Disposal, Punishment and Survival in Australia. Cambridge: Cambridge University Press, 1995. Teichman, Jenny. 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Photograph by Gonzalo Echeverria (2010)“Beyond reasonable doubt” is the standard of proof for criminal cases in a court of law. However, what happens when doubt, reasonable or otherwise, is embedded in the media reporting of criminal cases, even before charges have been laid? This paper will analyse newspaper reports of recent rape cases involving Australian footballers, and identify narrative figures that are used to locate blame solely with the alleged victims, protecting the footballers from blame. I uncover several stock female “characters” which evoke doubt in the women’s claims: the Predatory Woman, who hunts down footballers for sex and is always sexually available to any and all footballers; the Woman Scorned, who makes a false rape complaint out of revenge; and the Gold Digger, who makes a false complaint for money. I will argue that the news media thus effectively provide footballers with a criminal defence, before the cases can even reach court. Rape and Football in Australia The issue of football and rape first came to mass public attention in February 2004, when six players from National Rugby League (NRL) team the Canterbury Bulldogs allegedly raped a woman while at a New South Wales resort. Two weeks later, two players from the St Kilda Australian Football League (AFL) team allegedly raped a woman following their pre-season cup victory. These two football codes are the nation’s most popular, with rugby league dominating the north-eastern states, with the southern, eastern and western the domain of Australian Rules. In neither case were charges laid, and although at least twenty distinct cases have been reported in the Australian media, involving more than fifty-six footballers and officials, only one–NRL star Brett Stewart–has yet been tried. Stewart was acquitted in September 2010. Former AFL footballer Andrew Lovett has also been ordered to stand trial in July 2011 for allegedly raping a woman on Christmas Eve, 2009. Nevertheless, the majority of cases never reach court. In criminal cases, the Director of Public Prosecutions (DPP) ultimately decides whether to pursue charges through the courts, and, as most cases will be decided by a jury drawn from the general public, the DPP must decide whether the general public would accept the prosecution’s evidence as proof of guilt “beyond reasonable doubt.” This means that if a jury retains any doubt that the accused person is guilty, as long as that doubt is reasonable, they must return a verdict of “not guilty.” Public opinion in high-profile cases is therefore extremely important. If the DPP perceives a high level of public scepticism about a particular case, this indicates that the likelihood of the general public accepting the prosecution’s evidence is low, and they will often decide not to pursue the case. My analysis will show that media reports of the cases, which were published before any decision about laying criminal charges was made, can in fact work to create doubt, taking popular, victim-blaming stories to cast doubt on the complainants’ testimonies. Thus “reasonable doubt,” or a doubt that seems reasonable to many or most readers, is created before the case can even reach court. Predatory Women, Gold Diggers and Women Scorned When debate began in 2004 and explanations were sought for the high numbers of cases, stories abounded in which women have consensual sex with footballers, and then make a false rape complaint. I identify the principal characters of these stories as the Predatory Woman, Gold Digger and Woman Scorned. These stories were particularly prevalent amongst football representatives, blog contributors and talkback radio callers. Some media commentators provided alternative explanations (Magnay, for example), and others were explicitly critical of such stories (Pinkney, Wilson, for example); however, other journalists in fact evoked these same stereotypes. All of these characters have “common currency” (Smart 39), and have been used by defence lawyers in criminal trials for centuries, which means they are likely to be believed. These commentators therefore (indirectly) portray the complainants as liars, and reinforce the pervasive victim-blaming discourses in the wider public. The Predatory Woman The Predatory Woman character can be traced back at least as far as the early nineteenth century, when so-called “fallen” women were frequently “scorned as predatory creatures who lured young men into sin” (Clark 59). In her study of newspaper articles on football and sexual assault, gender theorist Kim Toffoletti identified the “predatory female” as a recurrent figure who is used to portray footballers as victims of “deviant” female sexuality (432-3). Toffoletti argues that the assumption underlying the use of the predatory female is that “incidents of sexual assault can occur when women deviate from the ‘conventions’ of heterosexual relations that expect them to be passive and sexually available, and men to exude sexual virility” (433). However, I argue that commentators’ usage often carries this further, and rather than using the story to claim that a victim of rape “deserved” it, the Predatory Woman actually serves as a replacement for the Raped Woman, therefore implicitly claiming that the complainant was lying. The Predatory Woman is the aggressor in all sexual encounters with footballers, a “sexual predator” (McCabe 31) who is said to “target” players and “hunt in packs” (Lyon 1). In a 2004 interview, one footballer described the phenomenon as “frightening” (McCabe 31), and another in 2009 claimed that footballers are “given temptations,” and “some of them [women] are downright predators” (Cunningham 30). The hunting animal metaphor clearly represents women as sexual aggressors, virtually suggesting that they are committing violent acts–moving in on unsuspecting footballers for the “kill” (sex). Thus portraying a complainant as one who seeks out sex with footballers implies that she victimised the players. As a woman cannot be both sexual aggressor and rape victim, the character of the Predatory Woman replaces that of the Raped Woman, therefore invalidating a complainant’s testimony and creating doubt. The Woman Scorned The Woman Scorned, another popular character in footballer sexual assault narratives, has also been evoked by the defence in criminal rape trials for centuries (Sanday; Benedict 2, 39-40, 83; Larcombe 100, 104-106, 111; Lees 78). The prevalence of footballers’ beliefs in the Woman Scorned story when NRL player Simon Williams commented about the prevalence of group sex/rape incidents involving NRL players on the 2009 Four Corners “Code of Silence” episode: It’s not during the act, it’s the way you treat them after it. Most of them could have been avoided, if they [players] had put them [women] in a cab and said thanks or that sort of thing not just kicked her out and called her a dirty whatever. It’s how you treat them afterwards that can cover a lot of that stuff up. Williams’ implicit claim here is that no woman would make a rape complaint as long as footballers always “said thanks” after sex. He thus implies that “most” of the complaints have been about revenge from women who felt mistreated after consensual sex: Women Scorned. The Gold Digger The Gold Digger is also an established character in both football rape stories and criminal rape trials; Peggy Sanday identifies her in cases dating from the eighteenth century. In rape cases, the Gold Digger can be evoked when a prominent and/or wealthy man–such as a noble in the eighteenth century, or a footballer in the present context–is accused of rape, whether or not the alleged victim seeks or receives a financial settlement. Many football fans evoked the Gold Digger on Internet blog sites, even when there were no observable characteristics corresponding to the Gold Digger in any of the media narratives. One declared: “My mum said she was probably being a slut, then after they ‘did’ her, she decided 2 say summin coz she thought she could get money or summin out of it [sic]” (in Baird 41). The Gold Digger stereotype invalidates a rape complaint, as a woman who alleges rape for financial gain must be lying, and was therefore not raped. Her claims are to be doubted. Narrative Immunity From 2009 onward, although traces of these characters remained, the focus of the debate shifted, from the possibility of sexual assault to players’ alcohol intake and the prevalence of “group sex.” Nina Philadelphoff-Puren identifies implicit claims that the complainants were lying in the statements of football representatives (37, 41-43), which imply that they must be Predatory Women, Women Scorned or Gold Diggers. In order to show clearly how journalists mobilised these characters more directly to evoke doubt, I conducted a search of the “Newsbank” newspaper database, for opinion pieces that sought to explain why the allegations were made, using varying combinations of the search terms “AFL,” “NRL,” “football,” “sexual assault,” “rape,” “rugby,” “sexual violence,” “sex” and “women.” Articles were sought in broadsheet newspapers The Age (Melbourne) and The Sydney Morning Herald, and tabloids The Herald Sun (Melbourne) and Daily Telegraph (Sydney), the most widely read newspapers in the cities where the alleged incidents occurred. The time-frame selected was 27 February 2004 to 1 May 2004, which covered the period from when the Canterbury Bulldogs case was first reported, until debate died down after the announcement that no charges would be laid against St Kilda footballers Steven Milne and Leigh Montagna. Twenty articles were collected for analysis: two from the Daily Telegraph, eight from the Herald Sun, seven from the Age, and three from the Sydney Morning Herald. Of these, half (ten) overtly blamed the alleged victims, with seven of those explicitly evoking Predatory Woman, Woman Scorned and/or Gold Digger stereotypes, and one strongly implying them. Although it might be expected that tabloid newspapers would be much more likely to (re-)produce popular stereotypes than broadsheets, the same numbers were found in each type of newspaper. The “common currency” (Smart 39) these stories have means that they are more likely to be considered credible than other stories. Their use by respected media commentators–particularly broadsheet journalists, whose publications lay claim to an educated readership and more progressive attitudes–is of even greater significance. In this paper, I will analyse three broadsheet articles in detail, in order to illustrate the various strategies used to evoke the stereotyped characters for an educated readership. The articles selected are by writers from very different backgrounds–a former footballer, a feminist and a “life-skills” coach to AFL footballers–and although it might seem that they would provide markedly different perspectives on the issue, I will show that all three evoke stereotypes that cast doubt on the complainants’ claims. The Story of the “Insider” Former AFL footballer Tim Watson’s “AFL Players and the Trouble Zone” was published shortly after the allegations against the St Kilda AFL players were made public in 2004. The article features a number of Predatory Women, who make “victims” of footballers; however, while Watson does not provide direct narrative accounts of the alleged rapes, he instead recounts narratives of other interactions between footballers and women. Predatory Women therefore come to replace Raped Women as characters and invalidate the alleged victims’ claims; as Watson represents these women as the sole agents, full responsibility for these incidents is attributed to women. The bulk of Watson’s article relates two stories unconnected with any (known) sexual assault cases, about AFL teams travelling to the country for training and being harassed by women. Placing the narratives immediately after warnings about “trouble zones,” when the article is clearly responding to the sexual assault allegations, suggests that his narratives explain what “potential trouble” and “trouble zones” are. He therefore implies that his narratives illustrate what “really” happened with the St Kilda (and Canterbury) players. The only instances where players are given grammatical agency in this narrative is when they “mingled with the locals” and “left the function as a group”; all the narrative action is attributed to women. Mingling has no sexual connotation, and “the locals” is a gender neutral term, implying that the players’ only action at the function was to interact with men and women in a non-sexual way. The characters of “a couple of girls” are introduced, and according to Watson these “girls” made it clear to everyone that they were keen to attract the attention of a couple of the players. One girl was so convinced of her intentions that she sidled up to the coach to explain to him what she planned to do later in the night to one of his players. The team left the function as a group and went back to the hotel without the adoring fans. In order to portray the women more clearly as the sole sexual aggressors–Predatory Women–Watson leaves out any events where players actively participate, events which are highly likely to have occurred. For example, in Watson’s narrative there is no two-way flirtation, and the players do not seek out, encourage or even respond in any (positive) way to the female attention they receive, although anecdotal evidence suggests this is extremely unlikely to have happened (Mewett and Toffoletti 170, 172-73). The women are only grammatical agents with intentions–their agency relates to what they plan to do–however, emphasising the fact that the team left as a group suggests that it was only this defensive action which prevented the women from carrying out their intentions and instigating sexual activity. Using “sidled” rather than “went” or “approached” characterises the woman as sly and manipulative, casting her in a negative light and adding to the sense that she was solely responsible. The second story is described as “almost identical” to the first, but Watson takes even greater pains to emphasise the players’ passivity, again portraying them as victims of Predatory Women. Watson attaches only the passive voice to the players: he says that they were “woken in their hotel rooms” and “subject to determined, but unwanted, advances.” The women are entirely absent from these statements. They appear only as shadows presumed responsible for waking the players and making the unwanted advances. This erasure of the female agent only emphasises the players’ passivity in the face of female seduction and general resistance to overwhelming female sexual aggression. As in the first story, the only action attributed to a footballer is defensive: a senior player convincing the women to leave. This reinforces the idea that male footballers are the victims when it comes to casual sexual relations, and casts doubt on any claims of rape. The Story of the “Insider-Outsider” The second article, “When an Elite Footballer Has Sex with a Girl…,” is by “life skills” coach to AFL players Damien Foster, who calls himself “a classic insider-outsider” to football (SBS). As a partial outsider, Foster would therefore presumably have less vested interest in protecting footballers than Watson; however, his narrative also denies the complaints’ credibility, clearly evoking a victim-blaming character: the Woman Scorned. Foster obliquely claims that the St Kilda and Canterbury cases arose simply because women and men view sex differently and therefore “a footballer may land himself in trouble because it just doesn’t occur to him to develop tactful, diplomatic methods of saying goodbye”. He continues, “When the girl [sic] realises the total indifference with which she is being treated after intimacy, bitterness sets in and it lingers. There are many girls in Australia now in this situation.” While Foster does not directly say that the “girls” who made rape complaints against the Bulldogs and St Kilda are Women Scorned, the fact that this story is used to explain why the allegations were made says it for him. According to Foster’s logic, if footballers learnt to say “thanks, love, that was great” after sex, then no rape complaints would ever be made. A “Feminist” Story? Controversial feminist Germaine Greer would seem even more likely to avoid victim-blame than men involved with football clubs, and she does not follow Watson’s portrayal of utterly passive, squeaky-clean footballers, or Foster’s narrative of undiplomatic players. In “Ugly Sex Has Just Got a Lot Louder,” she does acknowledge that some harm may have been done; however, Greer nevertheless portrays the complainants as Predatory Women, Women Scorned and Gold Diggers. Greer elects to tell a “history” of male footballer-female interactions, establishing male athletes’ disrespect for and mistreatment of women as a given. However, she goes on to evoke the Predatory Woman, portraying her as utterly desperate and willing to go to any lengths to have contact with players. Greer laments, good family men have been known to succumb to the groupies’ onslaught, believing that as long as they don’t kiss these desperate creatures, as long as they make no move that could be interpreted as a sign of affection, they haven’t been genuinely unfaithful to their wives and sweethearts. Indeed, the more brutal the treatment of the women they have casual sex with, the less they have to reproach themselves for. Pack rape in such circumstances can come to seem guiltless, a condign punishment for being a stupid slag, even. This explanation of footballers’ behaviour contains several grammatical patterns which represent the players as passive and not responsible for anything that takes place. In the first sentence, the only things these footballers actually do are succumbing and believing, both passive verbs; the rest of the sentence is devoted to what they do not do: “as long as they don’t kiss… as long as they make no move.” Thus it would seem that the players do not actively participate in the sexual activity instigated by these women, that they simply lie back and allow the women to do as they will. That the women are labelled “desperate creatures” who launch an “onslaught” to which footballers “succumb” confirms their sexual aggression. Although the second and third sentences depict violence and rape, these actions are not directly attributed to the players. The brutal treatment of the women the players have casual sex with has no grammatical agent–“the more brutal the treatment of the women they have casual sex with”–dissociating them from the brutality and subtly implying that “someone else” is responsible for it. Similarly, “pack rape” has no agent: no player commits or is involved in it, and it appears to happen independently of them. As Susan Ehrlich demonstrates, this denial of agency is a common tactic for accused rapists to use, in order to deny that they were responsible for their actions (36-61). Thus Greer uses the same grammatical patterns which deflect blame away from footballers, even when the behaviour involved is violent rape. This continual emphasis on the players’ passivity reinforces the portrayal of the women as sexually aggressive Predatory Women. Greer also introduces the figures of the Woman Scorned and Gold Digger. She claims that the only difference between the “old days” and the present scenarios is that now women are “not embarrassed to say that they agreed to sex with one man they’d only just met, or even with two, but they hadn’t agreed to being brutalised, insulted or humiliated, and they want redress.” This paragraph appears almost directly after the one where Greer mentions pack rape and violence, and it may seem therefore that the redress these women seek is for rape. However, since Greer claims that at least some of the women who “want redress” want it because they have been “insulted or humiliated,” rather than raped, this evokes the Woman Scorned. Greer continues by introducing the Gold Digger as a further (and complementary) explanation for these insulted and humiliated women to seek “redress.” Greer writes that women now “also seem quite interested in another factor in sex with footballers – namely, indecent amounts of money.” With this statement, she implies that some women have sex with footballers just so that they can make a rape complaint afterwards and obtain a large payment. She concedes that the women who make allegations against footballers may have been “abused,” but she trivialises them by claiming that they “scream and holler,” portraying them as hysterical. She thus discredits them and casts doubt on their claims. Greer ignores the fact that only one woman has either sought or obtained a financial settlement from footballers for a case of rape, and this woman only applied for it after charges against the players responsible were dropped. Whilst this argument is clearly unfounded, the strength of the Gold Digger story, along with the Woman Scorned and Predatory Woman, is likely to give the impression that the rape complaints made against the footballers were unfounded. Conclusion: The Benefit of the Doubt The fact that a significant number of media commentators employed tactics similar to those defence lawyers use in rape trials suggests that a de facto “trial” took place; one in which stories that discredit the complainants were prominent. These stories were enough to evoke “(un)reasonable doubt” in the women’s claims, and the accused footballers were therefore “acquitted.” That doubt can be evoked so easily in such high-profile cases is particularly problematic as rape cases in general are those least likely to be believed (Jordan 64-83). Further, many victims state that the fear of disbelief is one of the most important factors in deciding not to pursue criminal charges (Warshaw 50). 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