000			02050nab a2200337Ia 4500
001			112764
005			20250625151155.0
008			110331s2002 eng
022			_a0067-0510
040			_aWSS _dAFV
100			_aNorton, Jane _91816
245			_aRaising the curtain : _bthe proposed evidence code and the compellability of spouses in domestic violence cases _cNorton, Jane
260			_aAuckland _bAuckland University Law Students' Society _c2002
365			_a00 _b0
490	0		_aAuckland University Law Review
500			_aAuckland University Law Review 9(3) 2002 : 1054-1072
520			_aThis 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.
650	2	7	_2FVC _aDOMESTIC VIOLENCE _9203
650	2	7	_aEVIDENCE _9237
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_aLAW REFORM _9338
650	2	7	_2FVC _aLEGISLATION _9346
650	2	7	_2FVC _aPOLICY _9447
650	2	7	_2FVC _aSURVIVORS _9593
650	2	7	_2FVC _aVICTIMS _9622
650	2	7	_2FVC _aWOMEN _9645
650	2	7	_9431 _aINTIMATE PARTNER VIOLENCE _2FVC
651		4	_aNEW ZEALAND _92588
773	0		_tAuckland University Law Review 9(3) 2002 : 1054-1072
942			_2ddc _cARTICLE
999			_c2174 _d2174