Intoxication evidence in rape trials: A double-edged sword?

Background

There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the "rape myth" nexus between intoxication and assumed consent.

Aim

This project is subjecting the operation of relevant rules to systematic analysis, focusing on intoxication evidence in rape trials.

Methods

This project undertakes qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers in three Australian jurisdictions.

Significance

This project should produce significant new knowledge about whether existing laws and courtroom practices are optimally adapted to achieving the important objective of justice for sexual violence victims.

Funding Body

Australian Research Council (Project ID: DP200100101)

Funding Budget

$247,559

Project start date

January 2020

Expected completion date

December 2022