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Laws 2016, 5(1), 11; doi:10.3390/laws5010011

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

School of Law and Justice, University of Canberra, University Drive, Bruce, ACT 2617, Australia
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Author to whom correspondence should be addressed.
Academic Editor: Frank Pasquale
Received: 5 January 2016 / Revised: 3 February 2016 / Accepted: 22 February 2016 / Published: 2 March 2016
(This article belongs to the Special Issue Justice Connections)
View Full-Text   |   Download PDF [223 KB, uploaded 2 March 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. View Full-Text
Keywords: partner rape mythology and law; IPSV myths and law partner rape mythology and law; IPSV myths and law
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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White, J.; Easteal, P. Feminist Jurisprudence, the Australian Legal System and Intimate Partner Sexual Violence: Fiction over Fact. Laws 2016, 5, 11.

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