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    Accessing court files as a feminist endeavour: Reflections on the Feminist Judgments Project Aotearoa: Te Rino, the two-stranded rope (2018)

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    Type of Content
    Journal Article
    UC Permalink
    http://hdl.handle.net/10092/16567
    
    ISSN
    2079-5971
    Related resource(s)
    http://opo.iisj.net/index.php/osls/article/view/1104
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    • Law: Journal Articles [218]
    Authors
    McDonald E
    Benton-Greig P
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    Abstract

    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.

    Keywords
    Feminist methodology; feminist judgments; rape trial process; access to court records; rape mythology
    ANZSRC Fields of Research
    48 - 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
    Rights
    This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 4.0 Unported License.

    Related items

    Showing items related by title, author, creator and subject.

    • 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, ...
    • Book Review: Feminist Judgments: Rewritten Opinions of the United States Supreme Court by Kathryn M Stanchi, Linda L Berger and Bridget J Crawford (eds) (Cambridge University Press, New York, 2016) 

      McDonald E (2016)
    • Rape Myths as Barriers to Fair Trial Process: Comparing adult rape trials with those in the Aotearoa Sexual Violence Court Pilot 

      McDonald E (Canterbury University Press, 2020)
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