TY  - SER
AU  - Norton, Jane
TI  - Raising the curtain: the proposed evidence code and the compellability of spouses in domestic violence cases
T2  - Auckland University Law Review
SN  - 0067-0510
PY  - 2002///
CY  - Auckland
PB  - Auckland University Law Students' Society
KW  - FVC
KW  - DOMESTIC VIOLENCE
KW  - EVIDENCE
KW  - JUSTICE
KW  - LAW REFORM
KW  - LEGISLATION
KW  - POLICY
KW  - SURVIVORS
KW  - VICTIMS
KW  - WOMEN
KW  - INTIMATE PARTNER VIOLENCE
KW  - NEW ZEALAND
N1  - Auckland University Law Review 9(3) 2002 : 1054-1072
N2  - This article examines the proposed Evidence Code, examining whether the abolition of spousal non-compellability would be a desirable outcome. Effectively this would mean that a spouse would be compelled to give evidence against their partner should that partner stand accused of committing an act of violence against them. A critical discussion is presented, which includes arguments in favour of both non-compellability and compellability. Issues of the sanctity of marriage and revictimisation, along with criticisms, are explored in favour of non-compellability. Duty to testify, and domestic violence as a public matter, are explored in favour of compellability arguments, also with criticisms. It is concluded that compellability be adopted, but with a mechanism that grants a witness an exemption from testifying. This approach allows flexibility for cases where testifying would put the relationship or the individual at unnecessary risk
ER  -