Web resource:	http://pandora.nla.gov.au/pan/11430/20010621-0000/www.austlii.edu.au/au/journals/MULR/1999/27.html
Type:	Journal Article
Title:	Falling short of the challenge?: a comparative assessment of the Australian use of expert evidence on the battered woman syndrome
Other Titles:	Melbourne University law review
Authors:	Tolmie, Julia Stubbs, Julie
Keywords:	Homicide;Legal issues
Year:	1999
Publisher:	Melbourne University Law Review Association
Citation:	23, 1999
Notes:	Examines the use, in Australian courts, of expert testimony concerning battered woman syndrome (BWS), particularly in relation to cases where a woman who has killed her abusive partner seeks to raise the defence of self-defence. The evolution of the concept of BWS in the US and in Canada is reviewed and contrasted to the Australian experience. It is suggested that important differences between these countries and Australia exist. Specifically, the purpose of introduction of evidence, the nature and range of evidence used and rules relating to who can give evidence of BWS have varied markedly. Utilising recent case examples, the authors highlight the relatively narrow interpretation and use of BWS which has been applied by Australian courts. Specific challenges for the law in this area which have emerged from the cases and the literature are then outlined, including issues of same sex violence, ethnicity/ race and the situation for women who fight back. Concludes that although some positive outcomes have been achieved in recent years, the absence of a leading judgement on the matter and the failure of Australian courts to recognise ‘social framework evidence’ are significant barriers to further development in this area of the law.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14724
ISSN:	0025-8938
Appears in Collections:	Journal Articles

Items in ANROWS library are protected by copyright, with all rights reserved, unless otherwise indicated.