Accessing court files as a feminist endeavour: Reflections on the Feminist Judgments Project Aotearoa: Te Rino, the two-stranded rope (2018)
Type of ContentJournal Article
- Law: Journal Articles 
In this piece, we reflect on the significance of accessing court records for feminist endeavours. We discuss two examples that illustrate the value of accessing and critiquing court processes. Feminist judgment writing, as a feminist endeavour, demonstrates the significance of hearing women’s stories as well as the importance of nuanced factual analysis that takes account of the lived experiences of women. Access to the court file in one of the rewritten judgments exposed missing relevant facts in the appellate decision, and demonstrates how the appellant’s story was never fully reflected in the judgment or verdict. In our rape trial research, access to court records makes visible the complainant’s evidence and the response of the judge to her as a person. It also allows inquiry as to how the rules of evidence enacted for the protection of the complainant, such as non-disclosure of their occupation, are actually working in practice.
KeywordsFeminist methodology; feminist judgments; rape trial process; access to court records; rape mythology
ANZSRC Fields of Research48 - Law and legal studies::4805 - Legal systems::480504 - Legal institutions (incl. courts and justice systems)
48 - Law and legal studies::4805 - Legal systems::480505 - Legal practice, lawyering and the legal profession
RightsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 4.0 Unported License.
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Accessing court files as a feminist endeavour: Reflections on ‘Feminist Judgments of Aotearoa - Te Rino: A Two-Stranded Rope’ McDonald E; Benton-Greig P (Onati International Institute for the Sociology of Law, 2018)In this piece, we reflect on the significance of accessing court records for feminist endeavours. We discuss two examples that illustrate the value of accessing and critiquing court processes. Feminist judgment writing, ...
Rape Myths as Barriers to Fair Trial Process: Comparing adult rape trials with those in the Aotearoa Sexual Violence Court Pilot McDonald, Elisabeth (Canterbury University Press, 2020)