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Gender Awareness in Australian Courts: Violence Against Women

NCJ Number
155362
Journal
Criminal Law Forum Volume: 5 Issue: 2-3 Dated: (1994) Pages: 788-802
Author(s)
K Mack
Date Published
1994
Length
25 pages
Annotation
This article discusses the consequences of public controversy over remarks made by several Australian judges during rape cases. These remarks implied that a female victim of an alleged sexual offense is not a credible witness and upheld some common myths about rape.
Abstract
Though less well-publicized, appellate courts corrected the judicial errors in two of these cases; nonetheless, these rulings had no impact on the outcome of one of the cases. The immediate reaction to the controversy generated by these remarks was the creation of formal inquiries and a substantial increase in the profile and funding of other initiatives. This article describes the actions taken in regard to gender bias by the Australian Senate, the Australian Law Reform Commission, the Australian Institute of Judicial Administration, and the Family Court of Australia. The results of these efforts have been that gender is now firmly on the legal and community agenda; that there is increased public awareness of the pervasive harm done by violence to women; that there is some awareness of the value of professional education for judges in the area of gender bias; and that there is recognition of the benefits of a more public process of judicial selection. 63 notes

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