Fields of Power in Rape Trial Reform

Despite incremental reforms over the past fifty years, transformative change of sexual assault proceedings has not occurred. This article uses Bourdieu’s sociological concepts to explore why the legal field remains resistant to substantial reform. It argues that doxa, or deeply ingrained beliefs, underpin both resistance to change and a tolerance of complainant harm, while habitus ensures the replication of established practices. This resistance is evident in the notion of a ‘fair trial’, where the hegemony of defendant-centric doxa tends to minimise complainant interests and embed the role of ‘rape myths’ in the courtroom. Although reform advocates – Bourdieu’s ‘heretics’ – have proposed solutions such as juryless trials, real change remains elusive. This article examines recent proposals by the Australian Law Reform Commission and draws lessons from Scotland’s failed attempt at a juryless trial pilot. Ultimately, a Bourdieusian analysis suggests that policymakers may be bound to a Sisyphean path, pursuing incremental reform to address persistent issues