Abstract

http://ssrn.com/abstract=2181786
 
 

References (55)



 


 



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


Sarah Ailwood


School of Law & Justice, University of Canberra

Patricia L. Easteal


University of Canberra - Faculty of law

Jessica Kennedy


University of Canberra

2012

35 Women’s Studies International Forum 86-96, 2012

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.

Number of Pages in PDF File: 12

Keywords: domestic violence, legal and juridicial, historical, contemporary Australia

JEL Classification: K00

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Date posted: December 4, 2012 ; Last revised: November 11, 2013

Suggested Citation

Ailwood, Sarah and Easteal, Patricia L. and Kennedy, Jessica, Law's Indifference to Women's Experience of Violence: Colonial and Contemporary Australia (2012). 35 Women’s Studies International Forum 86-96, 2012. Available at SSRN: http://ssrn.com/abstract=2181786

Contact Information

Sarah Ailwood
School of Law & Justice, University of Canberra ( email )
University of Canberra
ACT
2602
Australia
Patricia L. Easteal (Contact Author)
University of Canberra - Faculty of law ( email )
Australia
+61 (0)2 6201 5779 (Phone)
+61 (0)2 6201 5764 (fax) (Fax)
Jessica Kennedy
University of Canberra ( email )
Canberra, Australian Capital Territory 2601
Australia
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