Te Whare W膩nanga o Waitaha | 91制片厂 Law Adjunct Professor Elisabeth McDonald says it is her hope her new publication will 鈥減rovide the information needed to support some real and significant policy shifts in the prosecution of intimate partner rape鈥.
Te Whare W膩nanga o Waitaha | 91制片厂 Law Adjunct Professor Elisabeth McDonald says her new publication focuses on a relatively under-researched aspect of the trial process 鈥 the impact on adult complainants when misconceptions about rape and family violence are used to challenge their evidence, and in particular their credibility.
Sustainable Development Goal (SDG) 16 - Peace, justice and strong institutions
鈥淭he high level of family violence in Aotearoa New Zealand presents a systemic and resistant challenge for the criminal justice system. While much research focuses on the prevention of and response to family violence, there is a noticeable absence of work examining the prosecution of serious sexual and physical violence that occurs within an intimate relationship. There is also a high attrition rate because of the traumatic nature of the rape trial process.
鈥淭he purpose of the research is to provide a more informed place from which to improve the complainant鈥檚 experience in rape trials, to ensure a fair trial process for both complainants and defendants.鈥
Professor McDonald says it鈥檚 essential for sexual violence within a relationship to be recognised as a distinct and significant form of harm and to understand the nature of consent within a context of coercive control.
The publication, which is the third and final volume in a series of open-access resources published by Canterbury University Press, includes comparative analysis of 20 intimate partner rape trials 鈥 with five heard by a judge sitting alone 鈥 and provides the basis for wide-ranging proposals to reform law and practice. Professor McDonald will speak to the research in the Banquet Hall at Parliament from 5.30pm on 8 March, and the听Minister for the Prevention of Family and Sexual Violence, Hon Marama Davidson will respond to the findings.
鈥淭he fact that effectively responding to sexual and family violence remains a priority on the current government reform agenda provided the motivation for me to begin another day reading rape cases,鈥 says Professor McDonald. 鈥淚t is my hope that this book will provide the information needed to support some real and significant policy shifts in the prosecution of intimate partner rape.鈥
Generous funding by the Michael and Suzanne Borrin Foundation enabled the research and publication of this work.
Prosecuting Intimate Partner Rape: The impact of misconceptions on complainant experience and trial process听by Elisabeth McDonald, published by Canterbury University Press, March 2023, Open Access pdf file, 525pp, ISBN: 978-1-98-850335-6.
About the author:
Elisabeth McDonald听MNZM is an Adjunct Professor of Law at Te Whare W膩nanga o Waitaha | 91制片厂. She has taught and published in the areas of sexual and family violence, law and sexuality, criminal law and the law of evidence for over 30 years, as an academic and as the Policy Manager for the evidence law reference at the New Zealand Law Commission. This book is her third in a trilogy which includes听In the Absence of a Jury: Examining judge-alone rape trials听(2022); and the award-winning听Rape Myths as Barriers to Fair Trial Process听(2020). Elisabeth is also co-editor of听From 鈥淩eal Rape鈥 to Real Justice听(2011) and听Feminist Judgments Aotearoa: Te Rino, the Two-Stranded Rope听(2017).
Te Whare W膩nanga o Waitaha | 91制片厂 Law Adjunct Professor Elisabeth McDonald
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