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1 – 10 of 279Rachael Burgin and Jonathan Crowe
This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of…
Abstract
This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of ‘implied consent’, specifically in that it relies on evidence that the defendant and victim-survivor had engaged in (or had even simply discussed) ‘rough’ sexual activity on a previous occasion(s). This narrative of implied consent to rough sex is used to establish either of two things. The first is that the victim-survivor actually did consent to ‘rough’ sexual activity on the occasion in question. The second is that the defendant mistakenly believed in consent, since roughness had been a feature of previous sexual discussions or activities. We argue that the use of the rough sex defence in rape trials is problematic for at least two reasons. First, the defence allows defendants to rely upon false and harmful ‘rape myths’ to avoid accountability for their actions. Second, a reliance on the rough sex defence also contradicts moves to adopt an affirmative consent standard as part of Australian rape law. We conclude by recommending reforms to the legal framework that would help reduce the reliance on the argument that a rape allegation can be explained away as ‘rough sex gone wrong’.
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Sarah Wydall, Rebecca Zerk and Elize Freeman
This paper aims to examine the use of coproduction to create a film “Do You See Me?”, to amplify the voices of a “hard to reach” group: older lesbian, gay, bisexual (LGB…
Abstract
Purpose
This paper aims to examine the use of coproduction to create a film “Do You See Me?”, to amplify the voices of a “hard to reach” group: older lesbian, gay, bisexual (LGB) victim-survivors of domestic abuse (DA).
Design/methodology/approach
Qualitative methods were used as part of the co-production, which included two practitioner focus groups and 14 narrative interviews with lesbian, gay, bisexual, transgender, queer or questioning persons or the community (LGBTQ+) victim-survivors.
Findings
Despite differences in gender, sexualities, roles and “lived experiences” across stakeholders, there was a shared aim to ensure victim-survivors had a sense of ownership in this endeavour. Consequently, a positive reciprocity existed that helped to foster effective communication, allow for capacity building and subsequent knowledge exchange. The collaboration produced a nuanced meta-narrative making visible the “lived experiences” of LGB victim-survivors’ perceptions of perpetrator behaviours.
Originality/value
To the best of the authors’ knowledge, this paper is original in two ways, firstly, providing insights into the “lived experiences” of an invisible group; older LGBTQ+ victim-survivors, and secondly, in involving them in the co-production of a film. The paper aims to reveal how interdependencies that developed between stakeholders helped to disrupt understandings, develop new ways of knowing and build levels of trust. Group interactions helped to dismantle hierarchies, so those with experiential knowledge: the survivors, had greater control throughout the research process. The paper is significant in providing a critical reflection on the ethical, methodological and resource challenges involved in co-production. It also makes recommendations for researchers and funders about the value of using co-production as a method to engage with hard-to-reach groups.
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Jill Theresa Messing, Jacquelyn C Campbell, Allison Ward-Lasher, Sheryll Brown, Beverly Patchell and Janet Sullivan Wilson
The purpose of this paper is to examine the differential use of the Lethality Assessment Program (LAP) – a risk-informed, collaborative police-social service intervention – across…
Abstract
Purpose
The purpose of this paper is to examine the differential use of the Lethality Assessment Program (LAP) – a risk-informed, collaborative police-social service intervention – across female victim-survivors of intimate partner violence (IPV) in four police jurisdictions in Oklahoma.
Design/methodology/approach
Women visited by the police during the study period participated in semi-structured telephone interviews. Logistic regression was utilized to examine what factors impacted implementation of the LAP.
Findings
There was differential use of the intervention based on the following: jurisdiction, severe violence at the incident, perpetrator’s use of a weapon ever in the relationship, PTSD symptomology, and women’s prior protective actions and utilization of domestic violence advocacy services.
Research limitations/implications
Future research should examine the decision-making process of survivors and police officers to better elucidate the meaning behind these statistical relationships.
Practical implications
PTSD education should be an integral part of police training on domestic violence. In addition, officers should be trained to recognize less injurious, but also damaging, forms of IPV, such as verbal abuse and coercive control.
Social implications
While police contact can provide accountability for the offender, the social service system is best equipped to provide safety options for the victim-survivor of violence.
Originality/value
Previous research has demonstrated the effectiveness of the LAP. It is important to understand how the intervention is applied in order to better understand who is most assisted by the intervention and what training or education could be beneficial for officers providing the intervention.
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Julia Slupska and Leonie Maria Tanczer
Technology-facilitated abuse, so-called “tech abuse,” through phones, trackers, and other emerging innovations, has a substantial impact on the nature of intimate partner violence…
Abstract
Technology-facilitated abuse, so-called “tech abuse,” through phones, trackers, and other emerging innovations, has a substantial impact on the nature of intimate partner violence (IPV). The current chapter examines the risks and harms posed to IPV victims/survivors from the burgeoning Internet of Things (IoT) environment. IoT systems are understood as “smart” devices such as conventional household appliances that are connected to the internet. Interdependencies between different products together with the devices' enhanced functionalities offer opportunities for coercion and control. Across the chapter, we use the example of IoT to showcase how and why tech abuse is a socio-technological issue and requires not only human-centered (i.e., societal) but also cybersecurity (i.e., technical) responses. We apply the method of “threat modeling,” which is a process used to investigate potential cybersecurity attacks, to shift the conventional technical focus from the risks to systems toward risks to people. Through the analysis of a smart lock, we highlight insufficiently designed IoT privacy and security features and uncover how seemingly neutral design decisions can constrain, shape, and facilitate coercive and controlling behaviors.
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Bridget Harris and Delanie Woodlock
Technology increasingly features in intimate relationships and is used by domestic violence perpetrators to enact harm. In this chapter, we propose a theoretical and practical…
Abstract
Technology increasingly features in intimate relationships and is used by domestic violence perpetrators to enact harm. In this chapter, we propose a theoretical and practical framework for technology-facilitated harms in heterosexual relationships which we characterize as digital coercive control. Here, we include behaviors which can be classified as abuse and stalking and also individualized tactics which are less easy to categorize, but evoke fear and restrict the freedoms of a particular woman. Drawing on their knowledge of a victim/survivor's experiences and, in the context of patterns and dynamics of abuse, digital coercive control strategies are personalized by perpetrators and extend and exacerbate “real-world” violence.
Digital coercive control is unique because of its spacelessness and the ease, speed, and identity-shielding which technology affords. Victim/survivors describe how perpetrator use of technology creates a sense of omnipresence and omnipotence which can deter women from exiting violent relationships and weakens the (already tenuous) notion that abuse can be “escaped.” We contend that the ways that digital coercive control shifts temporal and geographic boundaries warrant attention. However, spatiality more broadly cannot be overlooked. The place and shape in which victim/survivors and perpetrators reside will shape both experiences of and response to violence. In this chapter, we explore these ideas, reporting on findings from a study on digital coercive control in regional, rural, and remote Australia. We adopt a feminist research methodology in regard to our ethos, research processes, analysis, and the outputs and outcomes of our project. Women's voices are foreground in this approach and the emphasis is on how research can be used to inform, guide, and develop responses to domestic violence.
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