Understanding women and children's experiences in the justice system

Chief Investigators:  Professor Megan Davis and Dr Kyllie Cripps

In 2010 the Centre continued its research into Indigenous women and children in the justice system. The project examines the experiences of Aboriginal women and children before the courts in the context of sexual assault.

The project currently includes 134 relevant cases that have been identified, located and documents received from the relevant courts.  The documents collected include original sentencing remarks, any appeals (of which there have been at least 65) and/or retrials. The volume of material being collected from the courts to obtain all relevant information for analyses purposes is extensive.  These cases have been collated and carefully dissected and documented in a program developed by us that captures detailed information relating to: victim characteristics, perpetrator characteristics, victim/perpetrator relationships, crime characteristics, charges and their relationship to state legislation, details of contents and use of victim impact statements,  sentencing outcomes and their relationship with state/territory sentencing acts, nature and outcome of any appeals, and time it takes for process to complete.  This more sophisticated approach to the data analysis is allowing us to examine the inter relatedness and complexities involved in sexual assault cases involving Indigenous women and children as victims.

In 2010 we have also been focussed on the increasing the representativeness of our sample.  We are conscious that some states eg New South Wales, Victoria and the ACT, have proved almost impossible jurisdictions in which to find relevant cases using sentencing transcripts.  The production and broad distribution to all states and territories of our first detailed research brief was a successful tool in engaging them in the research being undertaken.  We have had many offers since its release in May 2010 of assistance in locating cases in which Aboriginal women and children feature as sexual assault victims.  Indeed, NSW Witness Assistance Service have since provided us with a list of further 600 cases for possible inclusion.  Invitations to meet with the NSW Aboriginal Affairs Minister and WA Minister for Child Protection have also been received and accepted.  The meetings that have resulted have been fruitful with Ministers committing to discuss with relevant departmental heads access to data, and improvements in data collection namely the recording of the Aboriginality of victims.

ILC Research Briefs
Research Brief No.1, 2010 Sexual Violence and Indigenous Victims: Women, Children and the Criminal Justice System

Reports on sexual assault:
NSW Breaking the Silence Report, Aboriginal Child Sexual Assault Task Force, Attorney General’s Department NSW 2006

Little children are sacred report: Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse 2007 by Inquiry co-chairs Rex Wild and Pat Anderson

Children on Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Commission of Inquiry : a report into sexual abuse / presented to the South Australian Parliament by the Hon E.P. Mullighan QC, Commissioner Children on APY Lands Commission of Inquiry, [Adelaide] : 2008

Review of Cape York Sentences, PJ Davis assisted by Craig Eberhardt (2008)

Boni Robertson, The Aboriginal and Torres Strait Islander Women’s Task Force on Violence Report (State of Queensland) 2000

S Gordon, K Hallahan, and D Henry, Putting the picture together, Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities (Department of Premier and Cabinet, Western Australia 2002)

Aboriginal Child Sexual Assault Taskforce – Literature Review

  PIAC/Wirringa Baiya Aboriginal Women’s Legal Centre (December 2001) Department of Women

Sex Discrimination Commissioner, Human Rights and Equal Opportunity Commission, Submission to the Law Reform Committee Inquiry into Aboriginal Customary Law in the Northern Territory

Ending family violence and abuse in Aboriginal and Torres Strait Islander communities – key issues: An overview paper of research and findings by the Human Rights and Equal Opportunity Commission, 2001-2006 Aboriginal and Torres Strait Islander Social Justice Commissioner (June 2006)

Addressing the needs of Indigenous women exiting prison, Aboriginal & Torres Strait Islander Social Justice Commissioner, Social Justice Report 2004, Human Rights and Equal Opportunity Commission

Reports on Violence:

Family Violence and Commonwealth Laws - Improving Legal Frameworks, Australian Law Reform Commission Report 117, 2011

Family Violence among Aboriginal and Torres Strait Islander people – Al-Yaman, Fadwa. and Van Doeland, Mieke. and Wallis, Michelle. and Australian Institute of Health and Welfare, Canberra: 2006

Bureau of Statistics report 4510.0 - Recorded Crime - Victims, Australia, 2008

Measuring family violence in Victoria : Victorian family violence database. Volume 4, Nine year trend analysis, 1999-2008 Victims Support Agency. and Victoria, Dept. of Justice, Melbourne, Victoria: 2009

2009-2021, National Council to Reduce Violence Against Women and Their Children (Australia) and Australia. Dept. of Families, Housing, Community Services and Indigenous Affairs, Department of Families, Housing, Community Services and Indigenous Affairs, Canberra: 2009

The cost of violence against women and their children / the National Council to Reduce Violence Against Women and Their Children National Council to Reduce Violence Against Women and Their Children (Australia) and Australia. Dept. of Families, Housing, Community Services and Indigenous Affairs, Department of Families, Housing, Community Services and Indigenous Affairs, Canberra: 2009

Measuring family violence in Victoria : Victorian family violence database. Volume 4, Nine year trend analysis, 1999-2008 Victims Support Agency. and Victoria, Dept. of Justice, Melbourne, Victoria: 2009

Academic Papers:
SEXUAL ASSAULT: ISSUES FOR ABORIGINAL WOMEN - Carol Thomas, Aboriginal Women's Policy Coordinator, Office of Aboriginal Affairs New South Wales

CROSSING THELAST FRONTIER: PROBLEMS FACINGABORIGINAL WOMEN VICTIMS OF RAPE IN CENTRAL AUSTRALIA- Jane Lloyd, Pitjantjatjara Council, Alice Springs, Nanette Rogers, Central Australian, Aboriginal Legal Aid Service Northern Territory

Strike Force Kamiri: Sexual Assault Investigation in Remote Aboriginal Community – Policing Perspectives

Web Writings on Indigenous Women's Issues

Alison Anderson, ‘Women’s Rights and Culture: an Indigenous Woman’s Perspective on the Removal of Traditional Marriage as a Defence under Northern Territory Law’ (2004) 31 Indigenous Law Bulletin

Judy Atkinson, ‘Violence against Aboriginal Women: Reconstitution of Community Law – the Way Forward’ (1990) 2 Aboriginal Law Bulletin 6

Judy Atkinson, “‘Stinkin Thinkin – Alcohol, Violence and Government Responses’” (1991) 2(51) Aboriginal Law Bulletin 4.

Jackie Huggins, ‘Indigenous Women and Leadership: A Personal Reflection’ (2004) 6 Indigenous Law Bulletin 5, 7

Annie Keely, ‘Women and Land: the problems Aboriginal Women Face in Providing Gender Restricted Evidence’ (1996) 3 Indigenous Law Bulletin

Clare Land, ‘Representations of gender in E.M. Curr’s Recollections of Squatting in Victoria: Implications for land justice through the native title process’ (2002) 5(19) Indigenous Law Bulletin 6-9

Rowena Lawrie, ‘Speak Out Speak Strong: Rising Imprisonment Rates of Aboriginal Women’ (2003) 5(24) Indigenous Law Bulletin 5-7

Eileen Luna, ‘Indigenous Women, Domestic Violence and self-determination’ (1999) 4 (25) Indigenous Law Bulletin

Jennifer Nielsen, ‘How Mainstream Law Makes Aboriginal Women Disappear’ (2004) 6(1) Indigenous Law Bulletin

Useful Links:
Indigenous Women's Legal Line 1800 639 784 (Women's Legal Services NSW)

Aboriginal and Torres Strait Islander Victim Services Contact Line: 1800 019 123