Feminist Jurisprudence, the Australian Legal System and Intimate Partner Sexual Violence: Fiction Over Fact

Laws 5, 11, 2016, DOI: 10.3390/laws5010011

18 Pages Posted: 5 Mar 2016

See all articles by Jessica White

Jessica White

University of Canberra - Division of Business, Law and Information Sciences

Patricia L. Easteal

University of Canberra - School of Law and Justice

Date Written: February 22, 2016

Abstract

In this paper we briefly focus on intimate partner sexual violence (IPSV) and the Australian legal response, using recent Court judgements and Heather Wishik’s feminist jurisprudence framework for inquiry to guide investigation. The key questions being asked are: (1) What have been and what are now all women’s experiences of IPSV addressed by the substance and process of rape law? (2) What assumptions, descriptions, assertions and/or definitions of consent, corroboration and reporting does the law make in IPSV matters? (3) What is the area of mismatch, distortion or denial created by the differences between women’s life experiences of IPSV coercion and the law’s assumptions or imposed structures? (4) What patriarchal interests are served by the mismatch? The paper concludes with consideration of the limitations and benefits of law reform by reflecting on the findings of the paper.

Keywords: partner rape mythology and law; IPSV myths and law

JEL Classification: K14, K39, K40

Suggested Citation

White, Jessica and Easteal, Patricia L., Feminist Jurisprudence, the Australian Legal System and Intimate Partner Sexual Violence: Fiction Over Fact (February 22, 2016). Laws 5, 11, 2016, DOI: 10.3390/laws5010011. Available at SSRN: https://ssrn.com/abstract=2741322

Jessica White

University of Canberra - Division of Business, Law and Information Sciences ( email )

Australia

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

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