‘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.     

Private loss,public mourning: motherhood,memory and grief in Australia during the inter-war years

Abstract

This article explores the ways in which mothers who lost their sons in the First World War attempted to articulate a language of grief. This was being done when the distinctiveness of mothers' losses was being erased, when women were being marginalized in public commemoration and when notions of ‘sacrifice’ were being reworked to mean the sacrifice of men alone. At the heart of their campaign for recognition lay the paradox that while they upheld and sustained the memory of war, mothers' campaigns for remuneration revealed attempts by them to shape a politics of grief which the mythologies of war denied.     

Colonising motherhood: evangelical social reformers and Koorie women in Victoria,Australia, 1880s to the early 1900s

Abstract

This article examines the separate worlds of evangelical social reformers of the World's Woman's Christian Temperance Union and mission-based Indigenous women in the late nineteenth and early twentieth centuries in the colony of Victoria. The Woman's Christian Temperance Union (WCTU) activists, characterising themselves as the organised motherhood of the world, claimed maternal moral authority to promote for their sex a legitimate place in public life and full citizenship. Simultaneously Koorie women on the scattered mission stations of the colony, their lives under increasingly intrusive surveillance, were forced on painfully unequal terms to negotiate with mission managers and colonial officials for the right even to raise their own children. Unable to perceive the plight of Koorie mothers, the WCTU reformers, characterising themselves as the organised motherhood of the world, aligned themselves with the so-called ‘civilising’ endeavours of their fellow evangelicals, the missionaries, oblivious to their collusion in the colonial state's grievous assaults on Koorie human rights and civil liberties     

Iran's pieta: motherhood,sacrifice and film in the aftermath of the IranIraq war

Feminist Review - The Iran–Iraq war, which took place from 1980 to 1988, was one of the longest and bloodiest conventional wars in the history of the last century. The war was also the...     

Women's Refuges and the State in Victoria,Australia: a campaign for secrecy of address

The development of women's refuges in Victoria, Australia emerged within the context of emergency accommodation for women being the province of charity-based organisations, whose interventions into women's lives were often disempowering and autocratic. Feminist refuges argued against this charity-based approach to women and drove a process of conceptualising and responding to domestic violence in new ways. Following a formal request for the addresses of Victorian refuges by the Minister for Community Services in October 1979, the refuge movement united to keep their addresses secret, and launched a much publicised and protracted campaign in opposition to the state's demands. This resulted in a commitment from the then Department of Community Welfare Services (DCWS) to support the refuge program to operate in unique and radical ways, and in doing so gave recognition to the importance of gender in the provision of welfare.