{"title":"同意的文化:澳大利亚维多利亚州法律从业者代表被误认为是家庭暴力干预令主要施暴者的妇女的经历。","authors":"Ellen Reeves","doi":"10.1007/s10691-022-09506-5","DOIUrl":null,"url":null,"abstract":"<p><p>There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence 'predominant aggressors'-this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners' experiences of representing misidentified clients in the civil protection order system in the Australian state of Victoria. The findings suggest that legal practitioners face a number of challenges when representing clients who have been misidentified and that the magistrates' courts are ill-equipped to respond to misidentification. As a consequence, a culture of respondents consenting to orders that should never have been made against them is maintained. This article calls for a greater focus on the role that the courts can play in providing a 'safety net' for victim-survivors who have been misidentified.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":" ","pages":"1-22"},"PeriodicalIF":2.0000,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9925921/pdf/","citationCount":"0","resultStr":"{\"title\":\"A Culture of Consent: Legal Practitioners' Experiences of Representing Women Who Have Been Misidentified as Predominant Aggressors on Family Violence Intervention Orders in Victoria, Australia.\",\"authors\":\"Ellen Reeves\",\"doi\":\"10.1007/s10691-022-09506-5\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence 'predominant aggressors'-this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners' experiences of representing misidentified clients in the civil protection order system in the Australian state of Victoria. The findings suggest that legal practitioners face a number of challenges when representing clients who have been misidentified and that the magistrates' courts are ill-equipped to respond to misidentification. As a consequence, a culture of respondents consenting to orders that should never have been made against them is maintained. This article calls for a greater focus on the role that the courts can play in providing a 'safety net' for victim-survivors who have been misidentified.</p>\",\"PeriodicalId\":45822,\"journal\":{\"name\":\"Feminist Legal Studies\",\"volume\":\" \",\"pages\":\"1-22\"},\"PeriodicalIF\":2.0000,\"publicationDate\":\"2023-02-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9925921/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Feminist Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1007/s10691-022-09506-5\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Feminist Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s10691-022-09506-5","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
A Culture of Consent: Legal Practitioners' Experiences of Representing Women Who Have Been Misidentified as Predominant Aggressors on Family Violence Intervention Orders in Victoria, Australia.
There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence 'predominant aggressors'-this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners' experiences of representing misidentified clients in the civil protection order system in the Australian state of Victoria. The findings suggest that legal practitioners face a number of challenges when representing clients who have been misidentified and that the magistrates' courts are ill-equipped to respond to misidentification. As a consequence, a culture of respondents consenting to orders that should never have been made against them is maintained. This article calls for a greater focus on the role that the courts can play in providing a 'safety net' for victim-survivors who have been misidentified.
期刊介绍:
Feminist Legal Studies is committed to an internationalist perspective and to the promotion and advancement of feminist scholarship in all areas of law. It aims to publish critical, interdisciplinary, theoretically engaged feminist scholarship relating to law (broadly conceived) and has a particular interest in work that extends feminist debates and analysis by reference to critical and theoretical approaches and perspectives, including postcolonial, transnational and poststructuralist work. Although the focus of the journal is law, the editorial board encourages the submission of papers from people working outside the academy, as well as academics other than lawyers as well as interdisciplinary work addressing the concerns not only of lawyers but others, women and men, interested in feminist work. The editorial board is a collective drawn from feminists working at leading law schools across the UK. A full list of the editorial board can found on the Journal’s website: http://www.springer.com/law/international/journal/10691?detailsPage=editorialBoardAlongside traditional articles and book reviews Feminist Legal Studies is committed to publishing material that challenges conventional forms of academic writing/knowledge and encourages creative approaches to scholarship, analysis and debate. Such material is normally published in our “Creative Content” section (see Instructions for Authors for more details). The board also welcomes proposals for themed issues of the journal.