Violence, Women and the Law

This subject has the following teaching availabilities in 2009:

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Criminal Law or in each case their equivalents.

This subject examines the role of law in responding to and preventing violence against women. The subject introduces current data and research on violence against women and considers historical and contemporary theories and typologies of gendered violence. We examine a range of regulatory strategies and frameworks designed to respond to and prevent violence against women. The range of strategies may be drawn from criminal law, family law, tort law and international law.
The topics covered in the subject may vary from year to year; however, the emphasis will be on law’s role in responding to and preventing family and domestic violence, and sexual violence. We will explore the historical development of legal and policy responses, as well as contemporary and innovative approaches to violence against women.
Topics in any year may be chosen from the following areas:
• Terminology, classifications, definitions and data
• Empirical research on the prevalence, causes and consequences of violence against women and on women’s experiences of the legal system
• Theoretical perspectives and critiques of gendered violence and the law’s role in preventing and responding to gendered violence
• Violence against indigenous women
• Progress and challenges in responding to and preventing family and domestic violence
• Reforms to criminal law and procedure in relation to sexual assault and rape
• Sexual harassment and discrimination
• Trafficking for sexual exploitation
• Prostitution, pornography and violence against women

Note: The 5,000 word research essay in this subject is regarded as a substantial piece of legal writing.

On successful completion of this subject, students should be able to:

(1) demonstrate an understanding of law’s role in responding to and preventing violence against women in Australia;

(2) apply analytical, critical, theoretical and evaluative skills to the regulatory frameworks and the legal and social policy issues associated with violence against women;

(3) demonstrate an understanding of the application of the law in practice; and

(4) demonstrate an awareness of the forces that affect policy formulation and law reform processes in relation to violence against women.

• Research essay of 5,000 words due on the first day of the exam period (100%)

• Research essay of 2,000 words due on the first day of the exam period (40%) and an open-book 2-hour exam (60%)

There is no prescribed text for this subject.

This subject is not available as a breadth subject.

Students undertaking this subject will have the opportunity to practice and/or be assessed in the following generic skills:
• attitudes towards knowledge that include ethics associated with knowledge creation and usage
• the capacity for close reading and analysis of a range of sources
• the capacity for critical and independent thought and reflection
• the capacity to conduct research, including the ability to locate and evaluate relevant primary and secondary sources
• the capacity to communicate clearly and effectively, both orally and in writing
• the capacity to plan and manage time
• intercultural sensitivity and understanding
• sensitivity and understanding of issues confronting women affected by violence

In addition, by completing this subject students will have the opportunity to practice and/or be assessed in the following skills specific to the discipline of law:
• legal research and writing skills, including an ability to:
- locate and evaluate primary and secondary legal sources
- use case law, statutes and secondary sources as part of legal analysis
- develop and substantiate a reasoned argument
- apply interdisciplinary and theoretical perspectives to legal issues