Law's Indifference to Women's Experience of Violence: Colonial and Contemporary Australia

Sarah Ailwood, Patricia Easteal

Research output: Contribution to journalArticle

4 Citations (Scopus)

Abstract

Research suggests that despite substantial changes to domestic violence legislation since its conception in the 19th century, women's voices continue to be muted and domestic violence continues to be invisible, to some extent, in the eyes of the law. This paper uses the 1881 autobiography of Eliza Davies and the voices of contemporary women who speak out about their experiences to highlight the dynamics through which domestic violence becomes and remains invisible. It particularly focuses on the effects of the adversarial justice system, and its indifference to victims of violence within criminal and family law processes. Clear parallels in the social, legal and juridical experiences of domestic violence between the mid-nineteenth century and contemporary Australia are drawn. It concludes that although many aspects of the law have changed, and clear improvements have been achieved in some areas, the procedures by which those laws are administered mean that their effectiveness to protect the victim is limited
Original languageEnglish
Pages (from-to)86-96
Number of pages11
JournalWomen's Studies International Forum
Volume35
Issue number2
DOIs
Publication statusPublished - 2012

Fingerprint

violence
domestic violence
Law
experience
family law
criminal law
nineteenth century
legislation
justice
woman

Cite this

@article{d810e5f0e32c40bf969fe91903dc3da8,
title = "Law's Indifference to Women's Experience of Violence: Colonial and Contemporary Australia",
abstract = "Research suggests that despite substantial changes to domestic violence legislation since its conception in the 19th century, women's voices continue to be muted and domestic violence continues to be invisible, to some extent, in the eyes of the law. This paper uses the 1881 autobiography of Eliza Davies and the voices of contemporary women who speak out about their experiences to highlight the dynamics through which domestic violence becomes and remains invisible. It particularly focuses on the effects of the adversarial justice system, and its indifference to victims of violence within criminal and family law processes. Clear parallels in the social, legal and juridical experiences of domestic violence between the mid-nineteenth century and contemporary Australia are drawn. It concludes that although many aspects of the law have changed, and clear improvements have been achieved in some areas, the procedures by which those laws are administered mean that their effectiveness to protect the victim is limited",
keywords = "Domestic Violence, Current Treatment in Law, Historical Treatment in Law",
author = "Sarah Ailwood and Patricia Easteal",
year = "2012",
doi = "10.1016/j.wsif.2012.02.010",
language = "English",
volume = "35",
pages = "86--96",
journal = "Women?s Studies International Forum",
issn = "0277-5395",
publisher = "Elsevier Limited",
number = "2",

}

Law's Indifference to Women's Experience of Violence: Colonial and Contemporary Australia. / Ailwood, Sarah; Easteal, Patricia.

In: Women's Studies International Forum, Vol. 35, No. 2, 2012, p. 86-96.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Law's Indifference to Women's Experience of Violence: Colonial and Contemporary Australia

AU - Ailwood, Sarah

AU - Easteal, Patricia

PY - 2012

Y1 - 2012

N2 - Research suggests that despite substantial changes to domestic violence legislation since its conception in the 19th century, women's voices continue to be muted and domestic violence continues to be invisible, to some extent, in the eyes of the law. This paper uses the 1881 autobiography of Eliza Davies and the voices of contemporary women who speak out about their experiences to highlight the dynamics through which domestic violence becomes and remains invisible. It particularly focuses on the effects of the adversarial justice system, and its indifference to victims of violence within criminal and family law processes. Clear parallels in the social, legal and juridical experiences of domestic violence between the mid-nineteenth century and contemporary Australia are drawn. It concludes that although many aspects of the law have changed, and clear improvements have been achieved in some areas, the procedures by which those laws are administered mean that their effectiveness to protect the victim is limited

AB - Research suggests that despite substantial changes to domestic violence legislation since its conception in the 19th century, women's voices continue to be muted and domestic violence continues to be invisible, to some extent, in the eyes of the law. This paper uses the 1881 autobiography of Eliza Davies and the voices of contemporary women who speak out about their experiences to highlight the dynamics through which domestic violence becomes and remains invisible. It particularly focuses on the effects of the adversarial justice system, and its indifference to victims of violence within criminal and family law processes. Clear parallels in the social, legal and juridical experiences of domestic violence between the mid-nineteenth century and contemporary Australia are drawn. It concludes that although many aspects of the law have changed, and clear improvements have been achieved in some areas, the procedures by which those laws are administered mean that their effectiveness to protect the victim is limited

KW - Domestic Violence

KW - Current Treatment in Law

KW - Historical Treatment in Law

U2 - 10.1016/j.wsif.2012.02.010

DO - 10.1016/j.wsif.2012.02.010

M3 - Article

VL - 35

SP - 86

EP - 96

JO - Women?s Studies International Forum

JF - Women?s Studies International Forum

SN - 0277-5395

IS - 2

ER -