How protected is she? 'Fairness' and the rape victim witness in Australia

Patricia Easteal, Lorana Bartels

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

How do principles or notions concerning fairness of proceedings tend to play out in Australian rape trials? We look at two types of legislative provisions pertaining to evidence in chief and cross-examination that have been altered in the last three decades in Australia. They were enacted to eliminate or minimise questions about the victim's sexual history and/or reputation, alter what is considered proper questioning and provide procedures to better protect victim witnesses' rights to safety. We examine what appear to be the limitations of law reform to mitigate the trauma of the trial for victims, to produce more accurate and consistent evidence and to increase prosecution and conviction rates. The implications of reducing judicial discretion in this context are also considered
Original languageEnglish
Pages (from-to)334-342
Number of pages9
JournalWomen's Studies International Forum
Volume35
Issue number5
DOIs
Publication statusPublished - 2012

    Fingerprint

Cite this