‘She Said,He Said’: Credibility and sexual harassment cases in Australia

Feminist research and theory show how substance and process of law are substantially affected by its patriarchal context. Accordingly, a number of Australian studies have identified how gendered myths and other factors impact on the assessment of victim credibility in sexual assault hearings. In this article we look at sexual harassment cases in Australia lodged under the Commonwealth Sex Discrimination Act (SDA) between 2000 and 2006 and the Australian Capital Territory (ACT) Discrimination Act from 2001 to 2005 to see if similar variables to those in rape cases play a role in the perception of witness believability. We find that credibility is more likely to correlate with being Anglo, very young, a rational (masculine) demeanor/presentation in giving evidence, corroborative witnesses and legal representation. In addition, respondents' counsel in federal harassment hearings or respondents themselves in correspondence to the ACT Commissioner, just as defence barristers in rape trials, attempt to make the victim appear as an incredible witness through highlighting evidentiary inconsistencies and/or delayed reporting. Also evidence about sexual history or behavior that evokes an image of provocation may be adduced. We identify a varied response to these myths and to measurement of credibility by the individual ‘gatekeepers’ — the Federal Magistrates, judges and the ACT Discrimination Commissioner.     

Back to the factory: the continuing salience of industrial workplace history

ABSTRACT

Factories remain significant sites of employment, crucial to capitalism. In the twentieth century, scholars registered achievements in documenting their history, but since the late 1980s, and for a generation, the field lost impetus within labour history although insights continued to accumulate through work in adjacent disciplines. The factory has not featured on the agenda of ‘transnational’ and ‘global’ labour history, but we suggest that it can and should contribute to that broader global project, reinvigorating labour history, not least by contributing a dimension close to workers’ everyday experience.     

Eating out: The experience of eating in public for the “overweight” woman

This article focuses on the experience of eating in public for the “overweight” woman. It is concerned with the problems and anxieties associated with the prospect of eating in public for many “overweight” women. Public eating refers to eating in both formal and informal settings. Formal settings take the form of settings such as weddings and eating in restaurants, while informal settings include eating at work, with friends, and at home. Both are considered as they constitute “public eating” in that the women are not alone when they eat. The article is the result of ongoing research that involved correspondence and interviews with approximately 195 women who consider themselves to have “weight problems.”     

Learning about “the curse”: An anthropological perspective on experiences of menstruation

Learning about menstruation typically focuses on providing education about the biology and reproductive functions of a woman. This approach ignores individual variations of experience and the social influences in managing the menstrual event. A qualitative study of 20 women was conducted to explore how women learnt about the menstruation and its effect on their lives. With reference to medical discourse and medical anthropology, three themes will be examined: pollution, rites of passage, and the concept of secrecy and social seclusion. These themes are used to explore the role of menstruation in the emergence of female identity, the forces around women that influence their beliefs, and how these women manage their bodies. Some reference is made to the effects of menstruation on a woman's physical and mental health, sexual relationships, and perceived constraints during leisure time. A more phenomenological approach to menstruation should be considered by policymakers interested in “educating” young women about menstruation, where the emphasis should be on addressing women's experiences and concerns.