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

rape
witness
fairness
law reform
prosecution
safety
reputation
evidence
trauma
examination
trial
rape (plant)
rate
rights

Cite this

Easteal, Patricia ; Bartels, Lorana. / How protected is she? 'Fairness' and the rape victim witness in Australia. In: Women's Studies International Forum. 2012 ; Vol. 35, No. 5. pp. 334-342.
@article{365f668f46844d9db42d16d7d9f9b2ab,
title = "How protected is she? 'Fairness' and the rape victim witness in Australia",
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",
keywords = "sexual assault law, accused right to fair trial, fairness of court proceedings",
author = "Patricia Easteal and Lorana Bartels",
year = "2012",
doi = "10.1016/j.wsif.2012.06.004",
language = "English",
volume = "35",
pages = "334--342",
journal = "Women?s Studies International Forum",
issn = "0277-5395",
publisher = "Elsevier Limited",
number = "5",

}

How protected is she? 'Fairness' and the rape victim witness in Australia. / Easteal, Patricia; Bartels, Lorana.

In: Women's Studies International Forum, Vol. 35, No. 5, 2012, p. 334-342.

Research output: Contribution to journalArticle

TY - JOUR

T1 - How protected is she? 'Fairness' and the rape victim witness in Australia

AU - Easteal, Patricia

AU - Bartels, Lorana

PY - 2012

Y1 - 2012

N2 - 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

AB - 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

KW - sexual assault law

KW - accused right to fair trial

KW - fairness of court proceedings

U2 - 10.1016/j.wsif.2012.06.004

DO - 10.1016/j.wsif.2012.06.004

M3 - Article

VL - 35

SP - 334

EP - 342

JO - Women?s Studies International Forum

JF - Women?s Studies International Forum

SN - 0277-5395

IS - 5

ER -