Women and Justice: Keywords

Domestic Case Law

LM v. The Queen Supreme Court of New Zealand (2014)

Sexual violence and rape

Section 144 of the Crimes Act 1961 “provides for the prosecution of New Zealanders for conduct which, if it had occurred in New Zealand, would be contrary to specified provisions of the Crimes Act involving sexual offending against children and young people.” The appellant, a New Zealander, was found guilty of a sex crime against a child. The crime was committed in Russia and the other offender in the case was a Russian man. At issue on appeal was whether the aforementioned law allowed for “the prosecution of a New Zealander (being LM) on the basis of party liability for “offending” where the principal “offender” is not a New Zealander.” The Supreme Court dismissed the appeal, holding that the appellant was in fact liable as a principal and noting that a miscarriage of justice had not occurred. Furthermore, the Court stated that a “wrong decision” regarding party liability “does not warrant the allowing of the appeal.”



VWFG v. Minister for Immigration & Multicultural and Indigenous Affairs Federal Court of Australia (2005)

Female genital mutilation or female genital cutting, Forced and early marriage, Gender-based violence in general, Harmful traditional practices

A citizen of Ghana sought protection for fear that she would be subject to arranged marriage and female genital mutilation. The Refugee Review Tribunal found the applicant to be not credible, in part because she could not identify the ethnic group that the proposed husband came from. The court found these factual conclusions satisfactory and affirmed.



Memoranda

Child Testimony: Admissibility, Reliability and Procedures (2014)

Domestic and intimate partner violence, Gender-based violence in general, Sexual violence and rape

This memorandum discusses the strategies courts employ around the world to treat child victims and witnesses and their evidence when giving testimony. International and regional human rights standards have highlighted good practices in the treatment of vulnerable young child witnesses, centering on the foundational principle of the best interests of the child. In turn, domestic courts and legislatures worldwide have created and employed a broad range of judicial approaches to the admissibility of child witness testimony; the reliability of child witness evidence, and the procedures that should be employed to facilitate child witness testimony.



Closed-circuit Television in Cases Involving Child Testimony (2014)

Gender-based violence in general, Sexual violence and rape

This memorandum discusses the use of closed-circuit television (CCTV) in courtrooms for cases where there will be child testimony. The United Nations Office on Drugs and Crimes recommends that children be allowed to give testimony through CCTV or another mechanism in order to prevent the child witness from being traumatized. Unfortunately, given the funding requirements, few countries have the facilities to use CCTV. Yet, a number of countries have statutes allowing for alternative mechanisms to prevent child victims from seeing the defendant while giving testimony. Some laws providing for the use of CCTV have been challenged, but courts have upheld the laws in nearly every situation.