Clare McGlynn

McGlynn and her colleagues Nicole Westmarland and Nikki Godden published the UK's first evaluation of the use of restorative justice in a case of sexual violence.[28] Restorative justice conferences involve a victim and perpetrator meeting, along with a trained facilitator, to discuss the impact of the perpetrator’s crimes.[29] McGlynn and her colleagues interviewed the people involved in the conference, and concluded that restorative justice could be beneficial for victim survivors of sexual violence, but only if he or she is given the highest level of support prior to and throughout the process.[28] McGlynn and her colleagues have published further academic research on the subject, created a research briefing, and shared their work at conferences and workshops across the UK, with audiences comprising survivors, restorative justice practitioners, lawyers and policy-makers. This series of work focusses on the failings of the conventional criminal justice system and on the matter of whether restorative justice may have a corresponding role to play. McGlynn has given evidence on using restorative justice as part of the Justice Select Committee's inquiry into Restorative Justice. Together with her colleague, Nicole Westmarland, McGlynn has also submitted evidence to the UK Parliament's Justice Committee inquiry into Restorative Justice.

McGlynn and colleagues have also investigated the use of restorative justice in cases of domestic abuse. In a study published in the British Journal of Criminology[30]  they found police using ‘out of court settlements’ in many domestic abuse cases, against police best practice guidance. A research policy briefing on this research is available here.[31]

In 2011, Kenneth Clarke, then Minister for Justice, proposed increasing the sentencing discount awarded to defendants who plead guilty to a maximum of 50%.[32] Public debate on this idea was impossible due to his comments made at the time of the announcement about some rapes being more serious than others.[32] However, McGlynn has argued that while he was wrong on distinguishing between rapes, he was right to start a debate on sentencing discounts for very early guilty pleas.[33] McGlynn argues that early guilty pleas may save some victims the trauma of pursuing a case through to court.[33]

Possession of "extreme pornography" was made illegal in England and Wales under Section 63 of the Criminal Justice and Immigration Act 2008. However, the definition of extreme pornography within this Act does not include depictions of rape. McGlynn and her colleague Erika Rackley argued that criminal sanctions against rape pornography can be justified on the basis of the cultural harm of the material.[34]

McGlynn and Rackley informed the debate on rape and extreme pornography in Scotland. Their research supported Rape Crisis Scotland's[35] campaign to include depictions of rape in the definition of extreme pornography, and their argument for cultural harm was discussed in the Scottish media.[36] Additionally, they disseminated their research via letter to many Scottish MSPs,[37] and McGlynn presented the argument at a conference organised by Rape Crisis Scotland and attended by the Scottish Justice Minister. McGlynn and Rackley's argument for including rape in the definition of extreme pornography was endorsed by the Scottish Parliament's Justice Committee.[11] The new legislation was introduced in section 42 of the Criminal Justice and Licensing (Scotland) Act 2010.[38]

Possession of extreme pornography was criminalised in England and Wales by the Criminal Justice and Immigration Act (2008). However, unlike in the Scottish Criminal Justice and Licensing Act (2010), rape was not included in the definition of extreme pornography. As such, the possession of rape pornography was not unlawful in England and Wales unless it involves serious (physical) violence. In 2013, McGlynn and Rackley played an instrumental role in the campaign to introduce an amendment that would make possession of rape pornography illegal in England and Wales.[12] The campaign was spearheaded by Rape Crisis South London and was supported by over 100 academics and women’s groups.[39] The campaign also received support from over 73,000 people who signed its online petition, which called on the government to include depictions of rape in the classification of extreme pornography. The campaign was successful, with Prime Minister David Cameron announcing in July 2013 that the law would be amended to make possession of rape porn illegal.[40] McGlynn and Rackley wrote of their support for these reforms, whilst also recommending further clarifications to prevent unwanted consequences, such as the criminalisation of consensual BDSM activity.[41] The change to the law was incorporated in the Criminal Justice and Courts Act 2015 which updated the definition of extreme pornography to involve porn which depicts acts of rape in an explicit and realistic manner.[42] Parliament's Joint Committee on Human Rights reviewed the bill and endorsed McGlynn and Rackley's argument that cultural harm provides a strong justification for criminal sanctions.[43] The Committee also endorsed their view that the extreme pornography laws are human rights enhancing.[43] The law was passed and it became illegal to possess pornography which shows acts of rape.

Her recent research published in the Journal of Criminal Law[44] with Dr Hannah Bows found that most prosecutions under the extreme pornography legislation are for possession of bestiality images.

McGlynn's first book The Woman Lawyer: Making the difference was published in 1998.[45] As the first book-length study on the representation of women in the UK legal profession, it became a key reference point in debates surrounding diversity in legal contexts. In the book, McGlynn chronicles women's experiences throughout the legal profession, from law school to the judiciary. She combines her own empirical research and statistics with personal testimonies from women legal academics, lawyers and judges.[45] These personal testimonies include contributions from Baroness Helena Kennedy, and Baroness Brenda Hale, who was the first woman on the Supreme Court. McGlynn's overarching theme is the need for reform within the legal profession; to introduce greater diversity and to challenge a culture in which women's abilities and achievements are marginalised.

In the late 1990s, McGlynn carried out the first survey into the representation of women legal academics.[46] Whilst it had already been established that women academics in various departments faced financial disadvantage and indirect discrimination,[46] the representation of women academics in law schools remained unknown. The survey found that only 14% of law professors were women, and only 2 in 5 law schools had any women professors at all.[46] In her paper about the findings, McGlynn discusses the impact of this under-representation of women upon the education of law students. She expands upon this in her article for the Times Higher Education Supplement,[47] in which she states that popular culture often equates the law with men and 'masculine' attributes. This view is perpetuated by the predominance of male lawyers in senior positions. Stereotypes which suggest that women are less objective or neutral than men can harm women's prospects in the legal profession, and the lack of women lawyers in higher positions can enforce these perceptions.[47]