000 02257nab a22003017a 4500
999 _c7904
_d7904
005 20250625151626.0
008 221108s2020 -nz|| |||| 00| 0 eng d
040 _aAFVC
100 _aMcDonald, Elisabeth
_91672
245 _aCommunicating absence of consent is not enough :
_bthe results of an examination of contemporary rape trials
_cElisabeth McDonald
260 _bTaylor & Francis,
_c2020
500 _aAustralian Feminist Law Journal, 2020, 46(2): 205-224
520 _aIn a study of 40 adult rape jury trials, aimed at identifying how and why the questioning process in rape trials results in re-traumatisation, researchers noticed how often adult women complainants gave evidence of clearly expressed lack of consent – through words or conduct or a combination of both. In 26 cases the complainant also gave evidence of multiple attempts to negotiate the desired limits of sexual intimacy. Her evidence was challenged in cross-examination and during closing arguments by emphasis on aspects of her conduct argued to be indicative of consent. Clearly articulated absence of consent was not a predictor of convictions, even in the Aotearoa New Zealand Sexual Violence Court Pilot. Only 13 of these 26 cases resulted in a guilty verdict. In this article, I will examine how the narratives about consent in recent adult rape trials illustrate the ongoing significance of feminist critiques of the concept, particularly its efficacy regarding gendered sexual violence, as well as counselling caution about expectations of a reformed definition of consent. (Author's abstract). See also the book on this topic by the author (#6557). Record #7904
650 _aCONSENT
_94690
650 _aCOURTS
_9162
650 _aCRIMINAL JUSTICE
_9167
650 _aEVIDENCE
_9237
650 _aLAW REFORM
_9338
650 _aLEGAL PROFESSION
_98151
650 _aRAPE
_9488
650 4 _aSEXUAL VIOLENCE
_9531
650 _aWOMEN
_9645
651 4 _aNEW ZEALAND
_92588
773 0 _tAustralian Feminist Law Journal, 2020, 46(2): 205-224
830 _aAustralian Feminist Law Journal
_911440
856 _uhttps://doi.orrg/10.1080/13200968.2021.1930432
_zDOI: 10.1080/13200968.2021.1930432
942 _2ddc
_cARTICLE
_hnews115