Patricia Easteal
Biographic Data
| ID | 4501633 |
|---|---|
| NAME | Patricia Easteal |
| GIVEN NAMES | Patricia |
| FAMILY NAME | Easteal |
| SIGNATURE | EASTEAL P |
| AFFILIATIONS | University of Canberra |
| ORCID | 0000-0002-0762-6626 |
| VERIFIED | Yes |
| TOTAL WORKS | 42 |
| TOTAL CITATIONS | 62 |
| WORKS AS AUTHOR | 42 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 4 |
Teaching Journalists About Violence Against Women Best Reportage Practices
Media reporting of violence against women (VAW) has the potential to contribute to improving the community’s understanding and response to this social problem. However, journalists are not immune to gender biases and myths concerning VAW. Both can affect how the subject is framed. We look at an Australian training programme implemented to improve VAW news reporting practices such as including social context, family violence experts and help-seeki…
A jurisdictional collision? Responses to family violence and family law in the ACT
There has long been concern about the dynamics and inadequacies that may arise when the federal family law system intersects with state and territory civil responses to family violence. We explore the intersection of these two legal regimes in this article. Our findings are part of a larger project examining the Family Violence Act 2016 (ACT) that included interviewing both professional stakeholders and those with lived experience. Findings inclu…
Understanding Women’s Imprisonment in Australia
This article examines women’s imprisonment in Australia through a feminist multifocal lens. We consider female prisoners’ gendered needs, especially “the triumvirate” of victimization, substance abuse, and mental illness. We also acknowledge the importance of taking an intersectional approach, with particular reference to Indigenous women. We identify recent developments in Australian corrections policies and programs, especially trauma-informed …
Mediated representations of violence against women in the mainstream news in Australia
Despite readiness among journalists and readers to engage in news about violence against women, reporting that promotes public understanding of the issue is not always the norm
Lost in translation
In this article, we build on existing research into sexual harassment in a retail environment by adding the perspectives of managers/employers and lawyers to describe the major social and legal variables that impede disclosure and legal remedies in customer-perpetrated sexual harassment. We identify that, if tested, employers may be legally responsible for sexual harassment perpetrated by customers if they have not proactively sought to minimise …
Revisiting vicarious liability in sexual harassment cases heard under the Sex Discrimination Act
This article considers recent trends in the judicial interpretation of workplace vicarious liability provisions with respect to sexual harassment matters under the Sex Discrimination Act 1984 (Cth) ( SDA). In a study undertaken by the authors in 2008, we found that the Federal Court and Federal Magistrates Court appeared to be taking a ‘broad-brush’ approach in interpreting employers’ duty to take ‘all reasonable steps’ to prevent sexual harassme…
Domestic Violence, Property and Family Law in Australia
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 fami…
Australian Media Messages
This study uses critical discourse analysis to examine news reporting of two cases of intimate partner violence in Australia. The fine-grained analysis of newswriting and news-editing practices focuses particularly on the lexical features and referential strategies used to represent the perpetrator and the victim, the crime, and the location of the crime. Findings show that reporting often omits social context, sensationalizes, and acts to shift …
Procedural fairness in workplace investigations
In this article, we look at how procedural fairness in workplace investigations into allegations of workplace misconduct may be problematic. Through an analysis of some case law and the survey findings from five experienced investigators, we examine how the process can be flawed by a lack of fairness, neutrality and timeliness. Having then looked at the costs of flawed investigations, the article concludes with suggestions from the Court and thos…
The importance of understanding the victims’ ‘reality’ of domestic violence
We argue that unconscious assumptions may filter out the diverse ‘realities’ of domestic violence victims. Despite legal and policy reform, it seems that these biases may continue to affect how relevant legislation is applied and interpreted. We examine a small sample of sentencing remarks in recent Queensland domestic violence order breach cases to illustrate the importance of judicial officers’ awareness of the seriousness and harm of psycholog…
What’s in a name? The language of workplace bullying
In this article, we show that how we name, label, define, categorise, and speak (or not) about a social issue may be critical to how we do (or do not) organise, understand, and describe what we deal with as individuals and as a community. We focus on workplace bullying to highlight how definitions and synonyms may interfere with our comprehension of the problem and avenues of redress
You'll get good tips tonight’
Shutting-up or speaking-up
In this article, we identify and discuss individual and organisational factors which contribute to bully victims’ or targets’ decisions about whether or not to voice complaints about workplace bullying in Australian workplaces. This article examines the costs of voice and silence in workplace bullying matters for both targets and organisations. ‘Voice’ is understood as existing on a continuum, which ranges from informally voicing concerns about b…
Proposed closures of remote Australian Aboriginal communities
The federal government announced the withdrawal of responsibility for funding for remote Aboriginal communities in Western Australia. The Western Australian government then initially announced the closure of a number of remote communities. In this article, we first look at the history of Indigenous dispossession to appreciate the gravity of the possible effects of the proposed closures. Next, we examine the legality of the decision and inconsiste…
(Alternative) Dispute Resolution and Workplace Bullying
Perpetrators of Intimate Partner Sexual Violence
Defining Domestic Violence in Protection Order Legislation
In Australia, family violence orders have been described as 'the strategic lynchpin in the states' and territories' system-based response to domestic violence'. A domestic violence order or protection order is a court-issued civil order that imposes certain conditions to protect a person from future domestic violence. Depending on the jurisdiction, women who seek help through civil protection order regimes must satisfy a judicial officer that the…
Females in Custody in the Act
Studies have identified that since women comprise only a small proportion of the prison population as a whole this correlates with a higher potential for inadequate gender-specific service provision. We are interested in seeing if, despite the Australian Capital Territory (ACT) being the first Australian jurisdiction to design and operate a prison under human rights legislation, the small number of women prisoners poses particular challenges for …
How are women who kill portrayed in newspaper media? Connections with social values and the legal system
Shades of Grey – Domestic and Sexual Violence Against Women
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 rele…
Mapping the Legal Remedy Pathways for Workplace Bullying
In Australia, there is no comprehensive or coherent approach - either through statute or the common law - for dealing specifically with the issue of workplace bullying and (non-sexual) harassment. As a consequence of this, many employees and employers struggle to understand their rights and obligations when dealing with allegations of workplace bullying. The laws are complex. Until the 1 January 2014 introduction of national anti-bullying provisi…
Immigrant Women and Family Violence
International research has found that immigrant women are especially vulnerable to various types of violence in the home. For example, financial abuse such as deprivation of food and clothing may be more common among migrant women, who might lack both the knowledge about government allowances and the English language proficiency that would give them access to relevant information. In addition, immigrant women may be particularly susceptible to pa…
Enduring themes and silences in media portrayals of violence against women
Cyber Bullying in Australian Schools
Bullying in schools is not a new phenomenon. The fact that children tend to 'muck around' and make fun of each other has meant that, historically, bullying has been viewed as a fait accompli, or something of a rite of passage for children and has not always been taken seriously by schools and adults. However, as awareness of the risks and potential injuries has heightened, bullying has been recognised as 'a serious, and insidious, form of violenc…
The nature, pervasiveness and manifestations of sexual harassment in rural Australia
The nature, pervasiveness and manifestations of sexual harassment in rural Australia
Australian Media Messages
This study uses critical discourse analysis to examine news reporting of two cases of intimate partner violence in Australia. The fine-grained analysis of newswriting and news-editing practices focuses particularly on the lexical features and referential strategies used to represent the perpetrator and the victim, the crime, and the location of the crime. Findings show that reporting often omits social context, sensationalizes, and acts to shift …
Enduring themes and silences in media portrayals of violence against women
She Said, He Said’
Domestic Violence, Property and Family Law in Australia
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 fami…
Immigrant Women and Family Violence
International research has found that immigrant women are especially vulnerable to various types of violence in the home. For example, financial abuse such as deprivation of food and clothing may be more common among migrant women, who might lack both the knowledge about government allowances and the English language proficiency that would give them access to relevant information. In addition, immigrant women may be particularly susceptible to pa…
Did She Consent
Decisions about consent and guilt are formed outside the courtroom; judges and jurors bring preconceived attitudes into the courtroom which ultimately impact on the decisionmaking process. Determining whether a sexual act is consensual often comes down to a 'he said, she said' debate. With sexual assault allegations that involve alcohol consumption by either the complainant or the accused perpetrator, this may be even more pronounced. Decision-ma…
Lost in translation
In this article, we build on existing research into sexual harassment in a retail environment by adding the perspectives of managers/employers and lawyers to describe the major social and legal variables that impede disclosure and legal remedies in customer-perpetrated sexual harassment. We identify that, if tested, employers may be legally responsible for sexual harassment perpetrated by customers if they have not proactively sought to minimise …
The importance of understanding the victims’ ‘reality’ of domestic violence
We argue that unconscious assumptions may filter out the diverse ‘realities’ of domestic violence victims. Despite legal and policy reform, it seems that these biases may continue to affect how relevant legislation is applied and interpreted. We examine a small sample of sentencing remarks in recent Queensland domestic violence order breach cases to illustrate the importance of judicial officers’ awareness of the seriousness and harm of psycholog…
You'll get good tips tonight’
How are women who kill portrayed in newspaper media? Connections with social values and the legal system
Walking in Her Shoes
Teaching Journalists About Violence Against Women Best Reportage Practices
Media reporting of violence against women (VAW) has the potential to contribute to improving the community’s understanding and response to this social problem. However, journalists are not immune to gender biases and myths concerning VAW. Both can affect how the subject is framed. We look at an Australian training programme implemented to improve VAW news reporting practices such as including social context, family violence experts and help-seeki…
Procedural fairness in workplace investigations
In this article, we look at how procedural fairness in workplace investigations into allegations of workplace misconduct may be problematic. Through an analysis of some case law and the survey findings from five experienced investigators, we examine how the process can be flawed by a lack of fairness, neutrality and timeliness. Having then looked at the costs of flawed investigations, the article concludes with suggestions from the Court and thos…
What’s in a name? The language of workplace bullying
In this article, we show that how we name, label, define, categorise, and speak (or not) about a social issue may be critical to how we do (or do not) organise, understand, and describe what we deal with as individuals and as a community. We focus on workplace bullying to highlight how definitions and synonyms may interfere with our comprehension of the problem and avenues of redress
Shutting-up or speaking-up
In this article, we identify and discuss individual and organisational factors which contribute to bully victims’ or targets’ decisions about whether or not to voice complaints about workplace bullying in Australian workplaces. This article examines the costs of voice and silence in workplace bullying matters for both targets and organisations. ‘Voice’ is understood as existing on a continuum, which ranges from informally voicing concerns about b…
Females in Custody in the Act
Studies have identified that since women comprise only a small proportion of the prison population as a whole this correlates with a higher potential for inadequate gender-specific service provision. We are interested in seeing if, despite the Australian Capital Territory (ACT) being the first Australian jurisdiction to design and operate a prison under human rights legislation, the small number of women prisoners poses particular challenges for …
Language, gender and ‘reality’
Law's indifference to women's experience of violence
How protected is she? “Fairness” and the rape victim witness in Australia
A Kaleidoscope View of Law and Culture
Battered Woman Syndrome
This comment addresses some of the issues which feminists have expressed about the Battered Woman Syndrome (BWS) and its use as grounds for self-defence in cases where women kill their batterer partners. These concerns appear to include the concept of “learned helplessness” which is presumed to reinforce stereotypes about both women's passivity and their irrationality; the medicalising of women's experiences; the use of expert witnesses; the fail…
Overseas-born female inmates in Australia
Sexual Intimate Homicides Involving Overseas‐born in Australia
This article examines the results relating to offenders' birthplace in a study on homicide between adult sexual intimates. The research showed a disproportionately high number of overseas‐horn perpetrators and that cases were usually preceded by a history of physical or emotional violence often characterised by jealousy. The author concludes that these data may he an anomaly, or a sign of high domestic violence rates in these communities, or an i…
Suppressing the Voices of the Survivors
It has been speculated that the effects of sexual assault on victims are exacerbated by non‐disclosure. It is therefore important to explore the reasons why survivors do not disclose or make formal reports. This paper looks at some of the factors that have stopped many survivors of sexual assault or exploitation by health professionals from reporting sexual assault. A sense of shame is the principal deterrent; this is coupled with other factors d…
The ‘Ordinary Person’ In Provocation Law
Colliding Kaleidoscopes of Reality
This article highlights how women's interactions with the law must be understood within the context and the pervasiveness of the dominant perspective throughout our institutions. It encourages practitioners and the community to think 'outside of the boxes' of so-called 'legal truths'. In the area of violence against women, some micro-level are outlined. However, the article stresses that 'big picture' societal metamorphosis is necessary to addres…
A Kaleidoscope View of Law and Culture
Interpreting Vicarious Liability with a Broad Brush in Sexual Harassment Cases
Provisions in Australia Federal and State/Territory anti-discrimination legislation make employers directly responsible for incidents of sexual harassment by employees in the course of their employment. This study looked at 29 sexual harassment matters heard in the Federal Court of Australia and the Federal Magistrates Court of Australia between 2001-2007 as well as 45 complaints received by the ACT Human Rights Office between 2001 to 2005. We ex…
She Said, He Said’
Domestic Violence and Marriage-Like Relationships
The effects of living in domestic violence upon its victims’ ability to make choices have been documented in various legal areas. For instance ‘learned helplessness’ and the other disempowering effects of domestic violence are now well recognized in the criminal law relating to murder and provocation. Evidence showing how victims’ choice-making may become constrained thus affecting their capacity to leave the violent relationship has been deemed …
Walking in Her Shoes
Sexual Harassment on Trial
Language, gender and ‘reality’
Domestic Violence and Marriage-Like Relationships
In this article, we look at developments in the nexus between social security law and domestic violence. We postulate that since the publication of 'Domestic Violence and Marriage-Like Relationships: Social Security Law at the Crossroads' Alternative Law Journal (2009) 34(3), tribunals and decision-makers have finally begun to emerge from what was described in the article as 'the Dark Ages.' Several decisions have been made in which women subject…
Did She Consent
Decisions about consent and guilt are formed outside the courtroom; judges and jurors bring preconceived attitudes into the courtroom which ultimately impact on the decisionmaking process. Determining whether a sexual act is consensual often comes down to a 'he said, she said' debate. With sexual assault allegations that involve alcohol consumption by either the complainant or the accused perpetrator, this may be even more pronounced. Decision-ma…
Law's indifference to women's experience of violence
How protected is she? “Fairness” and the rape victim witness in Australia
Cyber Bullying in Australian Schools
Bullying in schools is not a new phenomenon. The fact that children tend to 'muck around' and make fun of each other has meant that, historically, bullying has been viewed as a fait accompli, or something of a rite of passage for children and has not always been taken seriously by schools and adults. However, as awareness of the risks and potential injuries has heightened, bullying has been recognised as 'a serious, and insidious, form of violenc…
The nature, pervasiveness and manifestations of sexual harassment in rural Australia
Shades of Grey – Domestic and Sexual Violence Against Women
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 rele…
Mapping the Legal Remedy Pathways for Workplace Bullying
In Australia, there is no comprehensive or coherent approach - either through statute or the common law - for dealing specifically with the issue of workplace bullying and (non-sexual) harassment. As a consequence of this, many employees and employers struggle to understand their rights and obligations when dealing with allegations of workplace bullying. The laws are complex. Until the 1 January 2014 introduction of national anti-bullying provisi…
Immigrant Women and Family Violence
International research has found that immigrant women are especially vulnerable to various types of violence in the home. For example, financial abuse such as deprivation of food and clothing may be more common among migrant women, who might lack both the knowledge about government allowances and the English language proficiency that would give them access to relevant information. In addition, immigrant women may be particularly susceptible to pa…
Enduring themes and silences in media portrayals of violence against women
Defining Domestic Violence in Protection Order Legislation
In Australia, family violence orders have been described as 'the strategic lynchpin in the states' and territories' system-based response to domestic violence'. A domestic violence order or protection order is a court-issued civil order that imposes certain conditions to protect a person from future domestic violence. Depending on the jurisdiction, women who seek help through civil protection order regimes must satisfy a judicial officer that the…
Females in Custody in the Act
Studies have identified that since women comprise only a small proportion of the prison population as a whole this correlates with a higher potential for inadequate gender-specific service provision. We are interested in seeing if, despite the Australian Capital Territory (ACT) being the first Australian jurisdiction to design and operate a prison under human rights legislation, the small number of women prisoners poses particular challenges for …
Political science (38 works) · Law (34 works) · Law (33 works) · Criminology (30 works) · Psychology (30 works) · Sociology (23 works) · Medicine (18 works) · Poison control (18 works) · Social Psychology (16 works) · Social Psychology (16 works)