- Canberra, Australia
Patricia Easteal
University of Canberra, Law, Faculty Member
This article seeks to draw conclusions about the potential impact of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic). We do so by considering whether defensive homicide served as a safety net in the 2014 case of... more
This article seeks to draw conclusions about the potential impact of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic). We do so by considering whether defensive homicide served as a safety net in the 2014 case of Director of Public Prosecutions (Vic) v Williams. The article presents a detailed analysis of the trial transcript and sentencing remarks to support the contention that the defence did in fact achieve this purpose. The conclusion rests, principally, upon understanding the jury finding that Williams killed in the belief that her actions were necessary for her own protection, but apparently determined that she had no reasonable grounds for that belief (thereby failing the legal test of self-defence as it then stood). Having looked at how the 2014 legislation also amended relevant evidence laws, and reinforced jury directions to accommodate considerations of family violence, we then consider the implications of these reforms for battered women who kill. We suggest that, in the absence of the offence of defensive homicide, women like Williams may in the future be convicted of murder, even when they kill in response to family violence and with a genuine belief that their actions are necessary in self-defence.
Research Interests:
Research Interests:
We look at mothers who have lost parental responsibility and who have been ordered to spend no or at best minimal supervised time with their child(ren). Our case sample included 50 recent interim and final first instance judgments heard... more
We look at mothers who have lost parental responsibility and who have been ordered to spend no or at best minimal supervised time with their child(ren). Our case sample included 50 recent interim and final first instance judgments heard in the Federal Circuit Court or the Family Court, as well as 13 judgments from the Family Court of Australia Full Court. We discover that the nature and quality of the pre-existing attachment of mother and child are outweighed by a view that the child(ren) would be at an unacceptable risk of harm in the mother’s care attributable to some sort of maternal dysfunction or an inability to acknowledge (and/or treat) its impact on her parenting capacity. The most common maternal harm identified by judicial officers was emotional and included the mother’s inability to facilitate a meaningful relationship between the father and his child(ren); in some matters this derived from the mother’s concerns about physical or sexual harm perpetrated by the father. In addition, decision-making themes found in our analysis included siblings, children’s views and the important role of the independent children’s lawyer and family consultant. We conclude by highlighting areas of concern and make recommendations to prevent inconsistencies and undue influence in proceedings.
Research Interests:
Equality is a fundamental concern of human existence. Expressed in the principle of equality before the law it requires that those who come before the law are entitled to be treated as being of equal value and to be given ‘equal... more
Equality is a fundamental concern of human existence. Expressed in the principle of equality before the law it requires that those who come before the law are entitled to be treated as being of equal value and to be given ‘equal consideration’. In circumstances where those who come before the law are marked by their differences, giving of equal consideration requires that difference be understood and taken into account. The identification of difference does not of itself determine the question of whether different treatment is warranted in the interests of equality. However, this article argues that understanding difference is a precondition for the promotion of true equality and that, in pursuit of understanding difference, it is necessary for us to acknowledge the limitations of our capacity to understand the lived experience of ‘others’ and to actively work to engage with these experiences. In the context of the criminal justice system, we over abused women who kill as illustrative of this need, focusing upon the availability and operation of self-defence in England/Wales, Queensland and Victoria. In doing so, we consider the capacity of the law, legal process and legal actors to engage with the lived experiences of these women, highlighting the im portance of ‘informed imagining’.
Research Interests:
Research Interests:
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... more
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.
Research Interests:
Research Interests:
Research Interests:
ABSTRACT We explore the way that rural women and employers perceive and react to harassing behaviour in their isolated workplaces including: their thoughts on the reactions/responses of women in the workplace to harassing behaviours... more
ABSTRACT We explore the way that rural women and employers perceive and react to harassing behaviour in their isolated workplaces including: their thoughts on the reactions/responses of women in the workplace to harassing behaviours ('She just keeps asking for it' ); their feelings of responsibility ('Saying "no" makes me feel guilty'); their minimizing ('If you make a fuss you are just a big idiot'); and their denial. We find that there are some differences in 'survival' behaviours and workplace thinking depending upon the occupation, degree of rurality and gender ratios of the workplace but the most concerning difference is that between employers and employees and conclude that there is a need to educate management and workers.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Violence against women is a global public health problem. There is growing international interest in how to prevent this pervasive human rights violation. It is within this context that the media – a dominant force in shaping the... more
Violence against women is a global public health problem. There is growing international interest in how to prevent this pervasive human rights violation. It is within this context that the media – a dominant force in shaping the discourse on matters of public importance – is seen to play a crucial role. This paper considers the expanding body of evidence concerning portrayals of violence against women in the news media. We then review the content of a selection of international media reporting guidelines developed to address such concerns. We demonstrate that despite similarities in content, much less is known about processes by which the guidelines have been developed and disseminated. There is only one study in the peer-reviewed literature examining the impact of media reporting guidelines on journalism practice. In the light of the dearth of research and evaluation activities, we consider issues around future efforts in this area.
Research Interests:
Research Interests:
Research Interests:
The Workplace Relations Amendment (Work Choices) Act 2005 (Cth) presented significant changes to the Industrial Relations regime in Australia with new statutory minimum standards in conditions of employment, a shift towards... more
The Workplace Relations Amendment (Work Choices) Act 2005 (Cth) presented significant changes to the Industrial Relations regime in Australia with new statutory minimum standards in conditions of employment, a shift towards individual-based workplace agreements and a complete overhaul of the administrative process. The Australian Government in enacting WorkChoices stated the need for a system that ensures fair pay for employees and flexibility in workplaces to enable employees to meet both family and workplace responsibilities. In this article we critique the likelihood of those aims being achieved. Our holistic analysis shows that the impact of WorkChoices on women is, in fact, particularly severe. We examine aspects of the cultural landscape, which contribute to gendered implications for workplace agreement processes and outcomes. The result appears to be continued pay inequity, gender stratification — both horizontal and vertical — in the workforce and women shouldering a double ‘load’ with increased workforce participation while upholding their substantial family responsibilities.
Research Interests:
Research Interests:
The Victorian Royal Commission into Family Violence suggested that vexatious litigation may share similar characteristics with violent behaviour, namely coercion and control. In this article, through drawing on the insights of a sample of... more
The Victorian Royal Commission into Family Violence suggested that vexatious litigation may share similar characteristics with violent behaviour, namely coercion and control. In this article, through drawing on the insights of a sample of family law practitioners and the narrative of a domestic violence survivor, we seek to explore how vexatious litigation in family law matters may contain elements of such violence. We also see how vexatious litigation can consume significant court resources, and cause financial and emotional hardship upon the other party. Noting that there are more vexatious litigants in the Family Courts than all other jurisdictions in Australia combined, we examine whether the current family law legislation and family court processes adequately protect the other parties, and assist lawyers in dealing with this type of litigator. We also present a number of legislative and non-legislative suggestions for how responses could be improved, with the caveat that any change to better protect parties from vexatious behaviour must maintain a balance with allowing access to justice.
Research Interests:
Research Interests:
Research Interests:
THERE HAS LONG BEEN AN INTEREST IN FEMALE CRIMINALITY WITH A plethora of theories proposed to explain why some women commit antisocial acts. These biological, sociological and psychological explanations were seen as particularly necessary... more
THERE HAS LONG BEEN AN INTEREST IN FEMALE CRIMINALITY WITH A plethora of theories proposed to explain why some women commit antisocial acts. These biological, sociological and psychological explanations were seen as particularly necessary since a view of women's persona emerged in the 19th century in which females were regarded as innately angelical and by the natural order, incapable of violence. A violent woman was thus unnatural. Since females were the childbearers, they were perceived as passive, weak and highly vulnerable to stress, particularly during pregnancy, the post-partum and menstruation. Women offenders were sick or mad, but not bad! Nineteenth-century theoreticians, some ancient philosophers and cross-cultural menstrual taboos all supported a view of females as the victims of menstruation, and later, by the mid 1800s, more specifically their ovaries, and then in the 1920s, their hormones. It was not, however, until the early 1950s that the focus changed from menstruation to the menstrual cycle and the time period preceding the menses; the premenstrual era and its concomitant theories relating to deviant behaviour had arrived. Thus, PMS began to be used either as a defence or as a mitigating factor in a number of countries.
Research Interests:
Research Interests:
Research Interests:
Collaborative practice has been promoted as a method of dispute resolution in family law. It represents a shift away from litigation, towards a formally contracted negotiation process involving lawyers, relevant professionals and their... more
Collaborative practice has been promoted as a method of dispute resolution in family law. It represents a shift away from litigation, towards a formally contracted negotiation process involving lawyers, relevant professionals and their clients. This article is particularly interested in whether collaborative practice might be appropriate in some matters involving the coercive control type of family violence. Overseas and Australian academic literature is examined to learn about the principles and processes of collaborative practice in general and how they apply to matters involving family violence. The article also looks at the experiential-based views of a small, targeted, sample of lawyers. The authors’ findings identify: the importance of screening and suitability criteria; how collaborative practice can be modified to deal most effectively with a power imbalance; and its potential benefits and risks. The authors conclude that with diligent, on-going assessment, management, monitoring and support by lawyers and other professionals trained in both collaborative practice and family violence, it may be a feasible option that could provide the victim with safety and a “voice”.
Research Interests:
Research Interests:
Social media is having an influence in various areas of the law, and the use of social media evidence in family law proceedings has become a regular occurrence. From the study reported in this article, it appears that if something is said... more
Social media is having an influence in various areas of the law, and the use of social media evidence in family law proceedings has become a regular occurrence. From the study reported in this article, it appears that if something is said through, or posted to, social media, it is likely to be admissible evidence in family law proceedings, and could be used in support of an application. Through the analysis of 136 first instance judgments between 2009 and 2014 the authors identify how and when social media evidence is adduced (and for what purpose) and discuss what evidence is accepted by judicial officers and why. The analysis illustrates how existing rules of evidence are relied upon and applied in a dynamic evidentiary landscape. The authors hope that this study will assist litigants and legal practitioners to decide what types of social media evidence to rely on, and how and when to rely on it, having regard to specific rules of evidence. It is foreseeable that the use of social media evidence in family law matters will become more prevalent, hence the importance of making informed decisions about how to interpret, rely on, and make both supporting and rebuttal arguments in relation to social media evidence in family law matters.
Research Interests:
Collaborative practice has been promoted as a method of dispute resolution in family law. It represents a shift away from litigation, towards a formally contracted negotiation process involving lawyers, relevant professionals and their... more
Collaborative practice has been promoted as a method of dispute resolution in family law. It represents a shift away from litigation, towards a formally contracted negotiation process involving lawyers, relevant professionals and their clients. This article is particularly interested in whether collaborative practice might be appropriate in some matters involving the coercive control type of family violence. Overseas and Australian academic literature is examined to learn about the principles and processes of collaborative practice in general and how they apply to matters involving family violence. The article also looks at the experiential-based views of a small, targeted, sample of lawyers. The authors’ findings identify: the importance of screening and suitability criteria; how collaborative practice can be modified to deal most effectively with a power imbalance; and its potential benefits and risks. The authors conclude that with diligent, on-going assessment, management, monitoring and support by lawyers and other professionals trained in both collaborative practice and family violence, it may be a feasible option that could provide the victim with safety and a “voice”.
Research Interests:
Research Interests:
This article looks at why expert testimony is necessary in Australian trials of women who have killed a violent partner. It also overviews some concerns about syndromizing women's experiences and suggests how battered woman's... more
This article looks at why expert testimony is necessary in Australian trials of women who have killed a violent partner. It also overviews some concerns about syndromizing women's experiences and suggests how battered woman's reality could be argued instead. Situational expertise can explain how the abused woman's act could be self-defense since it often does not take place immediately in response to violence, why the battered woman did not leave, and her possible absence of remorse. Keywords: battered women; domestic violence; self-defense; expert testimony; nonmedical expert
Research Interests:
Civil protection order legislation is the primary mechanism in each of Australia’s eight jurisdictions’ system-based response to domestic and family violence (DFV). There are many differences across the states’ and territories’... more
Civil protection order legislation is the primary mechanism in each of Australia’s eight jurisdictions’ system-based response to domestic and family violence (DFV). There are many differences across the states’ and territories’ legislation, with each amended numerous times since their inception in the early 1980s. The latter is exemplified by the new Australian Capital Territory (ACT) legislative framework, the Family Violence Act 2016 (ACT) (the Act), which was introduced in 2017, following a number of high-profile intimate partner homicides. The aim of the Act was to better protect those who fear, experience or witness family violence (FV). This article reflects on whether that aim is being achieved, from the perspective of those with lived FV experience. We conducted in-depth interviews with eight people who identified as having lived experience (LE) with the Act. The open-ended questions were designed to elicit their observations, experiences, and suggestions concerning the black letter provisions and their implementation. The theme of safety emerged strongly as issues were revealed, including waiting for orders to be served, their duration, the exclusion of children, limits of the definition of FV, such as the omission of cultural and technology-facilitated abuse, as well as inadequate interagency cooperation and information sharing. Their reflections highlight that, while some improvements have indeed been made, there often remains a lack of protection for victims. Drawing on these experiences, we put forward recommendations for amendments to the current regime, which may further promote victim and community safety and reiterate the importance of listening to the voices of those at the coalface of experiencing FV.
Research Interests:
ABSTRACT
Research Interests:
Research Interests:
Research Interests:
Research Interests:
ABSTRACT The main focus of this chapter is women as targets of their male partner's violence, although some information concerning abuse and neglect of children is provided. Easteal examines the context of violence, its incidence,... more
ABSTRACT The main focus of this chapter is women as targets of their male partner's violence, although some information concerning abuse and neglect of children is provided. Easteal examines the context of violence, its incidence, and why domestic violence is under reported. She discusses the legal response, problems in implementing the legal response, how to improve it, and alternative or complementary responses.
Research Interests:
This research was completed for an LLB Honours thesis, which proposed to potentially serve as a pilot for a larger study. By examining sexual assault sentencing and judicial comments from a sample of mostly 2008 judgments in Victoria,... more
This research was completed for an LLB Honours thesis, which proposed to potentially serve as a pilot for a larger study. By examining sexual assault sentencing and judicial comments from a sample of mostly 2008 judgments in Victoria, this article explores differences in sentencing, focusing on the relationship between the perpetrator and the victim. The state of Victoria was chosen for the research because although Victorian sexual assault law and legal process has had the most progressive reforms, the only way to ensure these reforms are as effective and progressive as they seem, is to test their implementation with research. Our analysis suggests that although judges are demonstrating a better understanding of the reality of sexual assault in their discussion of mitigating and aggravating variables, this awareness is not translating into sentences.
Research Interests:
Research Interests:
ABSTRACT
Research Interests:
In Australia, domestic violence has increasingly been recognized as germane to ancillary proceedings, including parenting and property matters. However, the road to recognition of the relevance of violence has been slow and the search for... more
In Australia, domestic violence has increasingly been recognized as germane to ancillary proceedings, including parenting and property matters. However, the road to recognition of the relevance of violence has been slow and the search for appropriate responses challenging. Drawing upon an explicitly feminist perspective, this article outlines the why and how of that relevance by looking at the ways in which family violence may intersect with family law property matters. We explain how a property settlement, both in process and outcome, may be either a manifestation of coercive control and/or affected by the legacy of coercive control. In terms of how this has been addressed to date, we chart the limited Australian responses and suggestions for reform, which have effectively left the judiciary to fashion a response with all the attendant difficulties of non-legislative reform. In conclusion, we maintain that the time is therefore ripe for a reconsideration of legislative – and other – responses to issues of family violence and property.
Research Interests:
Far broader than the title might suggest, this handbook will be of value to primary and secondary school teachers, town councils, planning authorities, even sporting venue managers as well as public and private transport companies. Crime... more
Far broader than the title might suggest, this handbook will be of value to primary and secondary school teachers, town councils, planning authorities, even sporting venue managers as well as public and private transport companies. Crime committed on or in proximity to transport runs the range from petty theft and graffiti to rape, murder and hijacking. It affects all citizens and the communities in which they live. Many of the principles discussed in this book have been used widely overseas as well as in Australia, and innovative approaches used outside Australia are explained in detail.
Research Interests:
ABSTRACT Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly... more
ABSTRACT Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women’s experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses. They go on to examine the potential and limits of law, making recommendations for best practice models of policymaking and law reform. Aiming to help improve government, community and legal responses to women who experience violence, Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society will assist law-makers, academics, policymakers and a wider audience in understanding the complexities of violence against women.
Research Interests:
Research Interests:
Although overseas research on homicide between intimates has been substantial, application of the findings to Australia may be problematic for two reasons. First, critical evaluation of their methods indicates possible difficulties in... more
Although overseas research on homicide between intimates has been substantial, application of the findings to Australia may be problematic for two reasons. First, critical evaluation of their methods indicates possible difficulties in generalisability due to definitional, semantic, and theoretical variation. Secondly, the findings of the few studies in Australia do not necessarily conform to the patterns and experiences of this homicide type overseas. Australian analysis also provides insight into concerns which may be unique to this country and merit further investigation at a national level. These include a disproportionately high rate among Aboriginals, a similar high rate among immigrant groups, and frequency of victim precipitation in killings of husbands.
Research Interests:
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... more
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.
Research Interests:
ABSTRACT There are indications that marital homicide and battering may take place among the overseas born at a rate disproportionate to the population size, or that spouse abuse is less reported. This study presents the results of surveys... more
ABSTRACT There are indications that marital homicide and battering may take place among the overseas born at a rate disproportionate to the population size, or that spouse abuse is less reported. This study presents the results of surveys with 800 domestic assault victims, together with Legal Aid practitioners, ethnic welfare agency staff and refuge workers, and aims to highlight issues relevant to domestic assault, particularly among the overseas born. The study reveals: a large proportion of women in refuges are immigrants; women sponsored as immigrants by prospective husbands experience particular difficulties; and lack of knowledge about rights and services contribute to victims remaining in violent situations. Selected chapters are separately indexed.
Research Interests:
This project aimed to establish the extent and nature of reporting of violence against women by the Australian media to inform future strategies for change. Using both quantitative (content analysis) and qualitative (critical discourse... more
This project aimed to establish the extent and nature of reporting of violence against women by the Australian media to inform future strategies for change. Using both quantitative (content analysis) and qualitative (critical discourse analysis) methods, the study provided a glimpse into the complexity of reporting practices. It found that: There is a clear link between media reporting and attitudes and beliefs in relation to violence against women, with audiences’ emotional responses and attributions of responsibility affected by how the media frames news. The vast majority of reporting on violence against women was “incident based”, looking at tragic individual instances, but not exploring the issue in a more depth. The lack of social context in reporting, and thereby the broader public’s understanding of the issue, could be improved by the inclusion of more expert sources, including domestic violence advocates and those with lived experience of violence. Yet half of all sources w...