An Intersectional Critique of Protections for Indigenous Rape Victims in Court

Abstract

For any rape victim witness, cross-examination can be a traumatic and difficult process. For Indigenous women, this experience may be exacerbated by cultural and communication clashes that are a consequence of the interaction of gender and racial differences. In this article, we identify some obstacles for Indigenous sexual assault victim witnesses and investigate whether law reform intended to better protect vulnerable victim witnesses has addressed the specific needs and cultural practices of Indigenous women.

Keywords: Indigenous Rape Victim Witnesses, Aboriginal Rape Victim Witnesses, Intersectionality and Law, Intersectionality and Vulnerable Witness Protection Measures

JEL Classification: K14, K40, K41, K49