Accessing Court Files as a Feminist Endeavour

Reflections on ‘Feminist Judgments of Aotearoa - Te Rino: A Two-Stranded Rope’

Bibliographic Data

ID23030450
AuthorsElisabeth Mcdonald (0000-0003-2204-1439, University of Canterbury), Paulette Benton-Greig (0000-0001-9758-1750, University of Waikato)
Year2018
Volume8
Issue9
Pages1241-1258
Publication date2018-12-31
Open AccessYes
TypeARTICLE
VenueOñati Socio-legal Series (JOURNAL)
Journal identifiersISSN: 2079-5971 • E-ISSN: 2079-5971
PublisherOnati International Institute for the Sociology of Law (PUBLISHER • ES)
DOI10.35295/osls.iisl/0000-0000-0000-0997
OpenAlexW2907474688
LanguageEN
References cited24

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.

Art · Humanities · Plaintiff · Political science · Sociology · Criminal Justice and Corrections Analysis · Law · Law in Society and Culture · Sexual Assault and Victimization Studies

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