Acknowledgement of Country
We would like to acknowledge the traditional custodians of the lands on which our editorial team and readers reside and pay our respect to any Elders past and present. We extend that respect to any Aboriginal and Torres Strait Islander people reading this publication.
Run The World Contributors
Editor-in-Chief
Amrita Chahal
Managing Director
Writers
Angelene Concepcion
Arabella Abigail Tavares
Ella Robinson
Thorida Kim
Emily Tran
Eve Shvartsman
Jumi Heo
Editors
Cecilia Kwok
Diane Lee
Gunni Kapur
Jeanette Ashley Lim
Neeraja Seshadri
Reyhaneh Seifi
Sophia Croudace
Valerie Pearl Fan
Zaara Mumen
Maeve Shin
Maya Sathiamoorthy
Melanie D’Cruz
Graphic Design
Elaine Song
Mandy Li
Sarveshcika Yuvaraj
Victoria Hong
Editors’ Address
Hi everyone!
Welcome to Issue 2 of “Run The World”, titled “Aurora”. The name of this issue pays tribute to the new beginnings and fresh perspectives we hope this publication will bring, illuminating the diverse voices and experiences of female UNSW Law students.
This issue features contributions that highlight the importance of intersectionality, equity and empowerment in the legal field. As with Issue 1 of 2024, titled “Sirens”, we hoped the broad theme allowed for our writers to explore the topics they were most passionate about sharing. In response, we received a wide range of pieces, varying in form, structure and content, all far more insightful than we could have ever hoped. As you read this issue, we hope you reflect on the ever-changing horizons and perhaps start to redefine what it means to succeed in the legal field. Collectively, these pieces tell a story we all share.
Thank you to our incredible writers and editors for their passion and dedication in bringing this issue to life and as always, thank you to you, the reader, for taking the time to be here with us. Here’s to new beginnings!
Amrita and Thorida
CUT FLOWERS
THE CHANGING NATURE OF ‘TALL POPPY SYNDROME’ IN THE AUSTRALIAN CORPORATE SPHERE
BY ELLA ROBINSON
TallPoppySyndrome:
n.aperceivedtendencytodiscreditordisparagethosewho haveachievednotablewealthorprominenceinpubliclife.
Tounpackthetallpoppy,wemustbeginwithitsroots.
PerLivy’saccount, thecreditbelongstoRome’sfinalking.Inafitofparanoiaandjealousy,TarquintheProudorderedhisson tokillanddeposeallnoblemenpowerfulenoughtothreatenhisreign.Todemonstrate,hestruckthebudsoffthetallestpoppies inhisgarden ThoughRomemayhavefallen,tallpoppiesstillexist:you’dlikelyknowoneyourself Tallpoppiesarethose amonguswhogobeyondthestatusquoinachievement,whoflourishinamannersoboldtheyattractgreeneyesandbadpress Theseoverachieversareinevitablycutdown Theirstoryisonesocommonit’sbecomeasocialplague:‘tallpoppysyndrome’ hasslowlybledintotheAustralianlexiconasasadbutinevitablefactoflife
Imustagreethattheconceptof‘cuttingdown’individualsisaparticularlybrutalimage–therealityismuchmoreinsidious Accordingtoa2023studyconductedbyDr RumeetBillan,tallpoppiescanexpecttofacebullying,achievementdismissalor downplay,beingignored,orhavingotherstakecreditfortheirwork. Thesamestudysurveyedalmost5000womenfromover 100 countries, finding 86.8% of women felt they had experienced the phenomenon at some point in their careers. The syndromeisanebulousthing–itthriveson‘maybes’andbloomsinthegreyareasofpersonalinsecurity.Atitsheart,theissue speakstoaparticularlyviciousstrainofmaterialjealousythatrefusestoletwomenthriveintheirfieldpeacefully.
Flipping the issue on its head, the onus should be taken off the poppies and their achievements to instead focus on the behavioursofthosewiththesecateurs Undoubtedly,theAustralianbrandoftallpoppysyndromestemsfromouregalitarian values Inademocracythatlaudsequalityfromopportunitytopay,anoverachieverisseenasathreattothestatusquo
There’slittlemeritincuttingdownwinners–Billan’sstudyfoundthatitbroughtstress,insecurity,andlowerproductivityrates tothemajorityofyoungwomen Inevitably,snuffingoutfemalesuccessesbreedsanattitudeofmistrustandshame Foralong time,Australia’scorporatelandscapehasvaluedyoungwomenwhooperatedwithinthenorms Fitthebox Toedtheline,etc It haspushedanidealpersonafortheyoungwoman.Verydemure.Verymindful.Veryinhibited.Iseetallpoppysyndromeand theinfamousglassceilingasinterlinkedissues:youngwomenandtheirbulbsknockupagainstthesameglassceilingthatstunts professionalgrowthasthey’reremindedagainandagainthatthereisalimittotheirachievements.
Butthereissomethingnewintheair:afreshscentthatbringswithitanattitudeofchange.Thereisagrowingintolerance towardscuttingdownthetallpoppy,broughtonbyseveralfactors.Growingfeministattitudes,tighterworkplaceregulations aroundconduct,andglobalisationplaysahugepart;achievementisamplifiedandcelebratedintheUS Aswetakemoreofour cuesfromEuropeandtheStates(thinkthechokeholdSuitsandSuccessionhadonus),Australiahasslowlyinchedtowardsnot justacceptancebutsupport FormerPrimeMinisterJohnHowardhimselfhasrecognisedthat‘ifthere'sonething,weneedto getridofinthiscountry,itisourtallpoppysyndrome’ Thisrisingtideliftsallboats
Ibeganwritingthisarticlewithacleartrajectorytoexposegendereddiscriminationintheworkplace Beforewritingthisarticle, Ispoketoseveraloutstandingwomeninthecorporatesphere,eachwithadifferentperspective.Whilsttallpoppysyndromeis stillintegraltocorporatelife,thecultureisundoubtedlychanging.Thepracticeofminimisingthesuccessofothersisbeing minimiseditselfaswesteptowardafuturewhereweallrecognisejusthowchallenginglifeincorporateis.Asayoungfemalelaw student, have I felt devalued at times? Yes. However, the overwhelming response to my own little wins is that of love and guidance.
Perhapsthetallpoppygetsitstimeinthesunafterall
[1]TitusLivy,TheHistoryofRome(RoyalClassics,2021)53,53–55
[2]RumeetBillanWomenofInfluence+,‘TheTallestPoppy:HowtheWorkforceIsCuttingAmbitiousWomenDown.’(Whitepaper,WomenofInfluence+,March 2023)<https://wwwwomenofinfluenceca/wp-content/uploads/2023/02/tp-whitepaperpdf>5<https://wwwwomenofinfluenceca/wpcontent/uploads/2023/02/tp-whitepaperpdf>
[3]Ibid,4
[4]BertPeeters,‘TallPoppiesandEgalitarianisminAustralianDiscourse:FromKeyWordtoCulturalValue’(2004)25(1)EnglishWorld-Wide3 [5]Ibid,6
[6]PhillipBowring,‘Opinion|TallPoppiesFlourishdownUnder’,NewYorkTimes(onlineWebPage,26February2007) <https://wwwnytimescom/2007/02/26/opinion/26iht-edbowringhtml>
A CASE STUDY ON FGM
Trigger Warning: This article discusses domestic and sexual violence and accordingly may be triggering to some readers. Please proceed with caution.
In a complicated political landscape, people are often encouraged to favour neutrality, being “Switzerland” to controversial and graphic topics. When the personal and political affiliations of those around you are unknown, there are benefits to neutrality. Namely, anonymity, avoiding conflict, and (particularly as women) the desire to seem agreeable. These approaches are equally reflected in other societal issues and favoured by some, yet it encourages the suppression of our most valued commodity; speech. Fundamentally, two pathways arise: the ability to utilise speech proactively or to stifle it.
Growing up, my voice was suppressed. I was conditioned to internalise the importance of being neutral to avoid losing opportunities, limiting my career growth, and appearing disagreeable. Like many women globally, I was taught to hold back my opinion, and I often conceded. However, this silence was not without a feeling of helplessness and often guilt about the numerous global issues weighing on my conscience.
One such issue was that of female genital mutilation (FGM). Many stories of women and their cultures have moved me deeply, but one that cut to my chest was that of Naimah Hassan and her personal exposition of the horrors of FGM. Her story exposed the cultural practice of FGM, where women between the ages of 0-15 are taken, often against their will, by family members and subjected to procedures that either partially or totally remove their genitalia
Hassan spoke of girls as young as 7, some who she knew personally, entering womanhood They were both eager and excited; the thought of ‘growing up’ seeming appealing, propelling them into adult lifestyles and responsibility.
This was until they were taken by members of their own family who likely went through the process of FGM themselves and without expectation had their legs ripped apart and their most private areas infiltrated These girls were cut, stitched, and sewn back together
“She remembers the unspeakable pain, the betrayal, feeling isolated, the shock”
- Naimah Hassan
If this description is discomforting; good. It should be.
1] ‘Naimah Hassan: Breaking the Silence on FGM’, TED x Exeter (Web Page, April 2019) < https://www ted com/talks/naimah hassan breaking the silence on fgm jan 2020?subtitle=en> [2] Ibid
[3] ‘Female Genital Mutilation’, World Health Organisation (Web Page, 5 February 2024) < https://www who int/newsroom/fact-sheets/detail/female-genital-mutilation>
[4] ‘Naimah Hassan: Breaking the Silence on FGM’, TED x Exeter (Web Page, April 2019) < https://www ted com/talks/naimah hassan breaking the silence on fgm jan 2020?subtitle=en>
Whilst millions are discomforted the mere thought of the atrocities of mutilation, millions more face its most personal impacts; both physically and psychologically. With the practice holding no health benefits, the women and young girls subjected to it face long-term consequences including severe bleeding, infections, complications in childbirth, and increased newborn deaths.
Hassan’s story ignited a lingering sense of injustice within me Considering the horrific and graphic impacts it has on millions of women, why had I not heard about this practice before? This feeling drove me to undertake further inquiries which ultimately left me heartbroken
In my research, I found that it was the graphic and personal nature of the conversation itself that often leads to silence However, being silent when confronted by painful conversations does not mean that the issues will subside From 2024 to date, more than 230 million girls and women have undergone FGM, costing the global economy $1.4 billion USD per year these figures are only expected to rise unless further action is taken The phrase “ignorance is bliss” suddenly seemed unconvincing amongst the context of millions of young women like Hassan suffering around the world
Currently, Australia has expressly outlawed the practice under s 45 and s 45A of the Crimes Act 1900. This statutory framework is critical in protecting women by outlawing the practice both on Australian soil and in sending young women overseas for the purpose of conducting FGM. Whilst proactive, it has become increasingly clear that a purely statutory approach is minimally effective when the personal nature of the practice stands as a barrier to justice, particularly when FGM is often conducted by loved ones. Whilst Australia has partly navigated this concern statutorily by making consent to the procedure not a defence to FGM, a purely statutory framework without supportive educative content makes addressing the core, intimate issues of FGM difficult for survivors.
Speech and education are powerful tools when raising awareness for FGM victims, friends, and family. Particularly within the Western world, where the term ‘mutilation’ evokes images of horrific violence and pain that prompts a sense of detachment from the issue. The media itself facilitates a notion of ‘otherness’ attributed towards the practice, incorrectly allowing the Western public to separate itself from the seemingly distant reality of FGM. Yet, we simply see a monster of a different name: female circumcision. Dr Julia Martins, a leading historian, explicates the global nature of FGM. Whether it be surgical corrections employed
[5] ‘Female Genital Mutilation’, World Health Organisation (Web Page, 5 February 2024) < https://www who int/newsroom/fact-sheets/detail/female-genital-mutilation>
[6] Ibid.
[7] Ibid
[8] Crimes Act 1900 (NSW) ss 45-45A
[9] Crimes Act 1900 (NSW) ss 45(5)
[10] Julia Martins, ‘Female Genital Mutilation and ‘The West’: Past and Present’, Living History (Web Page, 30 March 2022) < https://juliamartins co uk/female-genital-mutilation-and-the-west-past-and-present>
on women’s genitalia in the Western world, treatments conducted on the female body as ‘coming of age’ rituals, or cultural practices performed by laypeople in a woman’s bedroom, the common tie is the need to control and dominate the female body and, as a result, female sexuality.
The presupposition that FGM is purely cultural practice creates a very fine line in discourse aiming to deter invasions of bodily autonomy with those aiming to respect tradition. Whilst some cultures value the practice as an initiation into womanhood, others view it as the ageold proof of virginity which serves as a prerequisite to marriage. Fundamentally, whether the practice is cultural, sociological or socioeconomical, it is utilised as a means of control. A purely statutory framework without educative efforts does little to address this control over human autonomy. Whilst cultural sensitivity is required to preserve familial traditions, this should be done carefully with informative content to eliminate the detrimental impacts upon the developing lives of young girls and women.
To see this change, we need to speak up. Ultimately, neutrality can no longer be the status quo. The irony in silence is that it stands loud, particularly when it concerns the lives of young women whose voices and choices were stolen. Turning a neutral eye is as easy as turning a blind one, yet, ignoring the graphic nature of the world does not make it any less graphic. To return and preserve the voices of others, it is our duty to seek out our own voice, our own knowledge, and our own education.
Don’t ‘Go Switzerland’. I implore you to have an opinion, and if it’s big: Let. It. Flow.
No issue was ever solved by staying silent
Let’s End FGM
[11] Ibid
[12] UNFPA, ‘Female Genital Mutilation (FGM) frequently asked questions’, UNFPA East and Southern Africa (Web Page, 27 January 2017) < https://esaro unfpa org/en/female-genital-mutilation-fgm-frequently-asked-questions>
JumiHeo
1.HerView:Lemon'sNewChapter
Lemon gazed out the window, fingers tracing patterns on the glass as her mind wandered Marriage. To Ade, of all people a man she hadn’t known for long, but whose presence alreadyfeltfamiliar,likethecomfortingscentof kimchijjigaebubblingonawinterday.Itwasn’t love at first sight, but there was an undeniable bond, something more solid than fleeting romance
Marriage, though, came with expectations. Her mornings were now filled with preparing breakfast,makingsureAdeleftforworkwell-fed. She’dgreethimatthedoor,asmallgesturethat felt enormous within the context of Korean tradition. It’s what was expected of her quiet, supportive,ever-present
Asnewlyweds,Lemonfindsherselfadjustingto traditional Korean expectations making breakfast,keepingthehousetidy,andmanaging thedailygrindofmarriedlife ShegreetsAdeat the door when he heads off to work, and after he’s gone, her day is packed with vacuuming, dishwashing,anddoinglaundrylikeapro.
"Ajummaintraining, "shejokedtoherself But the thought sat uncomfortably, like a too tight hanbok
After taking care of her household duties, she continues her role as the eldest daughter, supporting her parents in their family business from afar Her parents have big dreams for her future,includinggrandchildrenthathaven’teven enteredherthoughtsyet
She had dreams, too, didn’t she? Between washing dishes and helping her parents back homewiththeirbusiness,wherewasthespacefor her? She felt the weight of being the eldest, the onewhomustcarrythetorchforthefamily.
Ade’s life had taken a turn he hadn’t expected. He is about to embark on a life-changing adventure movingoverseasforthefirsttime At 30,hethoughthe’dbelockedintohiscorporate careerforever,followingthepredictablerhythm oflifeinSeoul.Butherehewas,onthecuspofa new adventure Moving abroad for Lemon’s studies he wasn’t sure if he was crazy or just crazyinlove.
Unlike Lemon, who spent years living abroad, Ade’slifehasbeenfirmlyrootedinKorea Now, he’s leaving everything he knows behind to support his wife’s academic pursuits. Lemon jokes that she’ll be the main breadwinner, allowingAdetotakeabreak,andhe’sonlyhalfjokingwhenhesaysitsoundslikeadreamcome true.
Butnoteverythingiseasy WhileLemonisfluent in English, Ade’s language skills are, well, "functional" He knows enough to get by, but navigatingeverydaylifeinanewcountryislike decoding a foreign script. The language barrier washisbiggestchallenge Englishwastough His tonguestumbledoverthewords,andhisaccent madeeverythingsound,inhisownwords,"likea drunkajusshitryingtoorderatMcDonald’s."
Take the gym, for example, the automatic entrancedoorsthataresupposedtoopenwitha card swipe seem to have a personal vendetta againsthim.Halfthetime,theydon’twork.
"Excuse me, sir, you need to swipe again, " the receptionist said with a polite smile, but Ade couldonlyofferablankstare
He mimicked her hand gestures, and when she finallyswipeditforhim,hegaveheranawkward thumb-up.Onceinside,theweightsweretheeasy part itwasnavigatingtheunfamiliarthattested
1.HerView:Lemon'sNewChapter thehim.
Evenings are where things get tricky. Korean corporate life often extends late into the night, andAde’sworkcommitmentsarenoexception More than once, Lemon has prepared a dinner onlytofindherselfeatingalone,waitingforAde to return from after-hours company gatherings. When he finally comes home, she’s usually fast asleep,butseeinghimbesideherinthemorning reminds her that they’re in this together. Her happinessgrowsinthesesmall,quietmoments
Still,therewasaquietcomfortinitall Ade,even withhislonghoursandmisseddinners,waskind. When he finally came home, after a night of company dinners and late meetings, he’d gently nudgeherawake.
"Lemon-ah,I’mback,"he’dwhisper,thescentof sojulingeringonhisbreath.
"I waited up for you, " she’d mumble, her eyelids heavy
"Youshouldn’thave.I’llbehomeearliertomorrow, Ipromise"
Buttheybothknewitwasalie Companyculture would keep him late, and she would wait, halfasleep, for the promise of his return. Still, their shared moments however fleeting were what kepthergoing.
2.HisView:Ade’sBigLeap
Afterthegym,Adehasmore"firsts"totackle It’s inspection season, and he’s responsible for checkingoutpotentialproperties Armedwithhis phone and camera, he takes pictures like a professional, sending them to Lemon with brief but enthusiastic commentary He even manages tohaveasomewhatsuccessfulconversationwith the real estate agent, who marvels at Ade’s negotiation skills. This might be his first solo mission,butit’sonehepasseswithflyingcolours
Onhiswayhome,heswingsbythelocalgrocery store an Asian market that feels so familiar it’s almostlikehome,exceptforonething:thecashier speaks to him in Chinese Ade’s not about to breakhiscool,though.He’sbecomeanexpertin reading the room, nodding knowingly when the cashierasksifheneedsashoppingbag(atleast,he assumes that’s what she’s saying). She bags his groceries,andwhenshethankshiminMandarin, he nods back, feeling like he’s finally nailed this whole"local"thing.Success!
3.NewRoutines,NewPerspectives
Thoughhe’sstilladjustingtothisnewlife,Adehasaroutinenow Morningsatthegym,alittle explorationintheafternoon,andanewfoundloveofnavigatinggrocerystoresinmultiple languages.Butonethingneverchanges healwayssavestimetomakedinnerforLemon.It’s becometheirritual Nomatterhowtheirdaygoesorhowchaoticlifefeelsinthisforeignland,they cometogetherattheendoftheday,justthetwoofthem,sharingamealandlaughingatthesmall winsandmishapsoftheday
Astheysettledintotheireveningroutine,morningswerepredictable,butnotunwelcome.Lemon wouldwakeup,startbreakfast,andreflectonhowmuchherlifehadchangedsincemovingabroad Theroutine thoughdomestic feltoddlyfreeing.Foronce,shewasn’tdrowninginthe expectationsofherparents,herjob,orsociety
Still,thereweremomentswhenshefeltthepullofherupbringing.Hermother’svoiceechoedin herheadasshefoldedlaundry:
"YouneedtotakecareofAde,Lemon-ah He’syourhusbandnow Ifhe’shappy,yourlifewillbe happy. "
Butwasthattrue?DidherhappinessdependsolelyonmakingAde’slifeeasier? Onemorning,astheyatebreakfasttogether,shebroughtitup.
"Doyouthinkwe’rehappy,Ade?"sheasked,hervoicequietbutdeliberate.
Adelookedup,surprised."Ofcourse.Whydoyouask?"
"Idon’tknow Sometimes,IwonderifI’mjust doingwhat’sexpectedofme Andifthat’senough"
Adeoftenreflectsonthelifethey’rebuilding Heknowsthisjourneywasn’tjustforLemon it’s forthemboth.Eventhoughhisfriendsteasedhimforleavinghisjob,heknowsdeepdownthat thisisthestartofanewadventure.Lifeinaforeigncountrymayhaveitschallenges,butit’salso broughtnewopportunities,newroutines,andmostimportantly,timetogetherwithLemon And whenlifehandedhimLemon,hesureknewhowtomakeaLemonAde.
Adepaused,hischopstickshoveringmid-air."Lemon,we’refiguringitout.I perfect.We’remakingourownpath,right?"
Lemonsmiled,comfortedbyhiswords."Iguessyou’reright.Itjustfeels...ha
"Iflifehandsyoualemon,youmakelemonade,right?"Adejoked,raisinghis toast
"Ihatethatpun,"Lemongroaned,butshecouldn’thelplaughing.
4.WhenLifeHandsYouLemon
Theirdayssettledintoarhythm partcomfort,partchaos.Lemonfoundherselfbalancing betweenherculturalexpectationsandthenewfoundfreedomoftheirlifeabroad Ade’s awkwardnesswiththelanguagewasendearing,anddespitehischallenges,heneverletitbringhim down.
Oneevening,Adewasshadowingalinefromamoviethey’dwatchedtogether,TheIntern.He keptmuttering,“Mywifeisdead mywifeisdead ”ashepacedaroundthelivingroom
Lemon,whohadbeenengrossedinherschoolreadings,snappedherheadup “Ade?”she exclaimed,wide-eyed.
Hestopped,confused,butwhenhesawherexpression,heburstoutlaughing “Wait wait,it's justthelinefromthemovie!”
Sheletoutaplayfulmhmm,hereyesglintingwithmischiefasiftosay,“Oh,really?”Itwasalook thatcombinedexasperationwithahintofaffection,makingitclearshefoundhisanticsboth ridiculousandendearing
Anothertime,AdedecidedtosurpriseLemonwithherfavouritecollagendrink,somethingshe alwaysenjoyedatnight.Hehandedherthecupwithaslygrin,hiseyessparklingwithmischief.In hisnewlylearnedcasualEnglish,heconfidentlysaid,“Areyoukiddingme?”Thephrasecameout withjusttherightmixofseriousnessandplayfulness,makingLemonpauseinsurprise She couldn’thelpbutlaugh,appreciatinghiseffortandtheunexpectedhumourinhistone.
Mostoftheirfuncamefromthesesmallmomentsofculturalexchange.Sometimes,itwasasilly misunderstandingoveraphraseoraquirkyobservationaboutlifeinAustralia Theselight-hearted interactionsfilledtheirdayswithlaughter,turningeverydaychallengesintosharedadventuresthat deepenedtheirbond.
“So,todayatthestore...‘G’daymate,how’sitgoing’?Idon’tknowthem,Lemon-ah!WhatamI supposedtosay?”Adeaskedonenight,genuinelybewildered Lemongrinned,“Yousay,‘goodmate,’likeyou’veknownthemforever. ”
Hepracticedwithher,eventhoughheknewhe’dstillgetflusteredthenexttimeithappenedinreal life
ForLemon,thesewerethesmallvictories.Everydaywasn’tglamorous,butitwastheirs.Ade’s sacrificetofollowherdreammeantmorethanheknew Andwhilehestruggledwiththelanguage, itwashisheartandhumourthatbridgedthegap,onequirkyEnglishphraseatatime.
“WhenlifegivesyouLemon,”Adewouldjoke,“youmakeLemonAde.”
Fromearlystruggleswithlanguagebarriersandnavigatinglifeasimmigrantstoslowlybuildinga lifewheretheybothfeelcomfortableandconfident,AdeandLemon’sjourneyisoneofgrowth andpartnership Lemon’sabilitytofindhappinessinsmall,quietmoments,andAde’swillingness tostepoutofhiscomfortzone,havebroughtthemcloser.Thecouple’sstoryisn’tjustabout adjustingtonewenvironments;it’saboutdiscoveringhowtheycomplementandsupportone another.
Together,they’rewritingthenextchapteroftheirlives,provingthatwhiletraditionanddutymay guidethem,loveandmutualunderstandingwillhelpthemcreatealifethat’suniquelytheirs. Whetherit’slaughingovergymmishaps,grocerystoreconfusions,orsimplysharingameal,their lifetogetherisfilledwithhumour,love,andthepromiseofnewadventures.
Motherhood in the Margins
E V E S H V A R T S M A N
‘Happy Mother’s Day’, the card on the kitchen counter reads. Alison can see it from down the hallway, which is blocked by mounds of Lego and collections of multi-coloured plastic vehicles She sweeps the clutter robotically into the skirting boards as her feet drag along heavily toward the kitchen. She reminds herself that it’s Tuesday today, which means that after today, there are only three more days until the weekend, and on the weekend, she can spend some time with the kids – the sort of thing that would warrant the title of ‘World’s Best Mum’. But for now, on this regular Tuesday morning, she feels the card is a product of pity, glaring at her as she stuffs packets of Tiny Teddies and chips into school lunchboxes. Screenshots of recipes with hidden vegetables in all sorts of cakes and slices have been lost amongst photographs of networking evenings, LinkedIn content, and to-do lists Perhaps she will finally get around to making them this weekend, she hopes quietly, as she does with each flip of the calendar.
Echoes of her husband and son arguing bounce softly from the bedroom to the kitchen where she is looking over her resume. Sipping her coffee, she guesses it is about his outfit choices, or maybe the way he wants his hair This is one thing she was glad to be missing out on, as Eli had just turned five, a troublesome and rather argumentative age. A calendar reminder interrupts her thought, lighting up on her phone – ‘Promotion Interview @ 9 am’ As if to focus, she scrunches her eyes shut and commits her career each turnin s, her incom
She to walks into th
“Come Alison says.
She st as just enough drives faster out of the ca Alison sighs a have match orld’s Best M ely in conten orld’s Most A
This c ar, her role as liable Lawye ough to be a to be good, piece which s that how se
She jams all the paperwork into her handbag, stuffing the remainder under her arms before entering the elevator It is eerily silent, but for the muted static noise that accompanies the fast ascension to the 35th floor. The confidence that had propped her through the past weeks was vanishing with each flip of the level number She heads into boardroom 2, where Tracy from HR spells out that the Managing Partner will be late. She uses this time to ruminate on her nerves and let the sweat pool in her hands.
“We appreciate the experience and knowledge that you bring to our firm,” the Managing Partner began, with a tone so insincere as to let her know that he was not, in fact, appreciative. A smirk formed in the corners of Alison’s mouth as she nodded in agreement
“
…But unfortunately, we need someone who can work in the office five days a week... and you know, stay back where necessary,” he continued
Her mouth dropped back down as she bore the brunt of his no-bluff approach If her experience had taught her anything, it was that as a woman in this industry, she must push twice as hard to make half the ground So, while her hands are still moist with sweat, she pushes her angst aside
“But d s of a partne and do jump d am availab
The M siness perspe great, you’ve which to just
“And Holdin xcused herself d well with d yell at whoev
Her hu
“I wan g back on,” sh at I’m not ke in his face. I
“Woah tone now, m
Pacing through the skyscraper-shadowed streets, Alison feels more desperate than ever. “I just really really wanted to make partner I mean, I have been working towards this for the past 15 years, but I feel like he expects me to be more committed to meeting my targets than spending time with my family.”
“I mean, maybe this is a good thing. You can relax and spend more time with us like you’re always saying you want to,” her husband murmured back.
Alison is barely listening at this point and rambles onward, “I never told him that I wouldn’t prioritise work over family! He is making all these assumptions that he never made for Steven, who has three kids, or Ben, or Tim. They have more kids than I do but are supposedly more committed to work than I am.”
“Darling, you know how it is How old is that Managing Partner?”
“He’s 67,” she scoffs
“Look honey, I doubt that it has anything to do with your ability. You are amazing and everyone knows ven if they d w how old pe
“Unpe
While e city streets ough argum get her Prozac
Enteri r was astray r legs hangin ooked back i st for World taken everyth
A shro
As she e fake plants notice the dr solid gold, b s and endles away from h at she didn’t
21
Not So 'Hot-To-Go': Female Celebrities and Parasocialism - Hollywood Says, "Good Luck, Babe!"
By Angelene Concepcion
The ever-changing landscape of social media has allowed celebrities to better communicate to the masses. In August this year, Chappell Roan took to TikTok to condemn the behaviour of invasive fans, stating that ‘[i]It’s weird how people think that you know a person just because you see them online or you listen to the art they make.” However, her expression of dismay and attempt to set professional boundaries was met with disproportionate backlash. Many people took Roan’s rant as a sign of ungratefulness, perceiving her objections to be clear signs of her being unprepared to take on the demands that have become a normalised part of existing in the public eye. However, her concerns intersect with deeper-rooted concerns about women's rights, privacy, and treatment, which are worth interrogating.
Parasocialism
‘Parasocialism’ or ‘parasocial interaction’ is best understood as a one-sided relationship between an individual(s) with another person, usually a celebrity persona. Such dynamics often see an individual investing great time, effort, and dependency into the person. With the emergence and growth of social media, hyperconnection has been fast-tracked by technology.
Contemporary celebrity-fan culture is a particularly complex dynamic that places female artists at the mercy of not only their management, but the expectations imposed by their own fans. While exchanges are often transactional between fans and artists, advocating for personal boundaries to be respected remains an uphill battle for many female artists.
Fame is not ‘Casual’
Roan has truly experienced the meaning of ‘overnight sensation.’ The 26-year-old musician is not immune to the onslaught of attention attached to ‘making it’. Rather, she has been bearing the brunt of it, right at the genesis of her musical fame
Celebrities, particularly female celebrities, are one of the most commodified individuals in society As Roan finds, fame and money allow many individuals to obtain a monopoly, whereby stardom takes a turn into being ‘abusive.’ From hypersexualisation, lack of agency and conservatorships, Hollywood has been a boiling pot of such dangers to women (see Britney Spears).
Aspects of their lives are manufactured for consumption, and there is little to nothing left for their own discretion and comfort. There may be a digression from such sentiments, attributing that such manufacturing and attention are ‘part-and-parcel’ of the fame they had strived to obtain Similarly, that once thrusted into the public domain, they are well-protected against the caveats of being famous.
However, a nuanced understanding is required to adequately question why fame leads to the inherent deprivation of their rights and privacy Roan’s qualms with ‘fans’ stalking her are not displays of a disgraced artist with a lack of understanding of ‘how fame works,’ but a young woman reacting to the ever-growing parasocialism instilled in the digital age.
Social media has struggled to reconcile how fame can ultimately bear a ‘dark side’ for those who have profited from it. Indeed, despite amassing streams, album sales, and cultural momentum, Roan has attributed the flipside, noting that “[she] didn’t know it would feel this bad ”
While many have likened Roan’s concerns to her inability to adapt to being famous, the harrowing stories she has shared provide a greater backdrop to her disdain. The predatory behaviour and harassment experienced by Roan has taken several forms. Ranging from individuals following her family members into their place of employment, fans yelling at her at airports, and a non-consensual kiss given to her by a so-called fanRoan has shared the common sentiment held that the behaviour of individuals towards her is understood as ‘normal’, albeit she doubles-down and iterates that “[she] don't care that this crazy type of behaviour [sic] comes along with the job, the career field I've chosen. That does not make it OK. That doesn't make it normal. Doesn't mean I want it. Doesn't mean I like it."
Ultimately, Roan’s antithetical attitude to how fame has operated casts her as an outlier to the line of celebrities today.
Parasocialism has amplified and justified the behaviour exercised towards female celebrities. Feelings of entitlement, closeness, and intimacy towards a public figure proliferate the notion that these women are no longer human, but shells of what society (Hollywood) has manufactured them to be
Questions into the treatment of women are often absolved with responses related to money and publicity which seemingly operate to mitigate the behaviour of those who believe they hold a claim or stake into such fame. Nonetheless, Hollywood and society at large continue to often parade in the mistreatment of women under the guise of aiding their ‘dreams come true’ into becoming a ‘star.’ We should therefore welcome Roan’s commitment to setting personal and professional boundaries as a positive reimagining of celebrity-fan relationships, which opens up the floor to everyday women to speak out candidly against their treatment in the public realm.
Battlingdeepfakeabuse: Battlingdeepfakeabuse: Battlingdeepfakeabuse: Thelegalfight Thelegalfight Thelegalfight
Maeve Shin Maeve Shin Maeve Shin
mages of ible for n done, es being coming ly from he term erstood d using o things eepfake an mass media and a recent incident that has shaken Korea’s media landscape Two graduates of the Seoul National University (SNU) have been indicted on charges of creating and distributing deepfake videos by superimposing the faces of more than 60 female students and alums onto pornographic content.³ As an alumna of SNU myself, the realisation that my acquaintances or even I could have been or even could still be targets of widespread deepfake porn abuse is a heavy pill to swallow. The disturbing truth is it could happen anywhere Imagine discovering that your own photos are being exploited for deepfake sexual content It is a chilling thought, but no one can longer ignore it.
What do the stats say
I was deeply ashamed to learn that my home country, South Korea, ranked as the most suscept a shock among her coll 14 1 pe altered study re Are the Notw lag beh legislati sections propose groups:
ntimate person ontains images, body to e victim he OSA quiring 0 of the 23] FCA stralian lating s October, which required Mr Rotondo to remove the intimate images (Order 1), refrain from posting intimate images on any online platform (Order 2), and maintain confidentiality regarding the case details, including court order (Order 6). However, Mr Rotondo breached all three orders by not removing the intimate images on time, sending emails containing intimate images of another Australian resident, and publishing confidential court order documents to media outlets. Consequently, Mr Rodonto was fined $25,000 for contempt of court and admitted to all three charges Although the victims’ deepfake intimate images were eventually removed, Mr Rotondo’s series of breaches of orders arising from OSA can raise doubt about the effectiveness of OSA as a civil penalty scheme against deepfake sexual materials.
2) Criminal liability
(1) C At fi have cri images crimina applicat Turn offende 474 17( satisfied address aggrava promot apply to images,
al Code e to the der the rvice to ionally, n years t to the xualised roduced ties and ses like Rotondo, this can be seen as a positive step toward reinforcing the effectiveness of the civil penalty system.
Simultaneously, the failure to insert the creation of sexualised deepfakes as a standalone offence has been highlighted as a shortcoming of the proposed Bill. It is true that practical challenges may arise in criminalising the creation of deepfake porn, along with possession as its consequence However, it is important to note that individuals who create and possess deepfake sexualised material can still pose a threat of distribution to victims Moreover, they may distribute materials through third parties and avoid legal consequences. Therefore, it can be argued that there is a strong case for enacting a standalone offence to target the creation.
3) Other laws?
Beyo above, o and Kea namely future a Zoomi As di Korean to the p deepfak deepfak on Spe severity effective seven y crimina are area
[4] Security Hero, 2023 State of Deepfakes: Realities, Threats and Impact (Report, 2023) < https://www.securityhero.io/state-of-deepfakes/>.
ent will not only d like to s in this
back in her 1/inside42(2) Daily on-
[5] Asher Flynn et al, ‘Deepfakes and Digitally Altered Imagery Abuse: A Cross-Country Exploration of an Emerging form of Image-Based Sexual Abuse’ (2022) 62 The British Journal of Criminology 1341,1346.
[6] Security Hero, 2023 State of Deepfakes: Realities, Threats and Impact (Report, 2023) < https://www.securityhero.io/state-of-deepfakes/>.
[7] Stephanie Tong, ‘You Won’t Believe What She Does!: an Examination into the Use of Pornographic Deepfakes as a Method of Sexual Abuse and the Legal Protections Available to its Victims’ (2022) 22-25 UNSW Law Journal Student Series
[8] Explanatory Memorandum, Online Safety Bill 2021, 76
[9] Online Safety Act 2021 (Cth) sections 77-79
[10] This includes Crimes Act 1900 (NSW) section 91Q; Crimes Act 1958 (Vic) section 53S; Police Offences Act 1935 (Tas) section 13B
[11] See Crimes Act 1958 (Vic) section 53R
[12] Sophie Dawson et al, ‘Australian artificial intelligence regulation: a work in progress ’ , Johnson Winter Slattery (Web Page) < https://jws com au/insights/articles/2024/australian-ai-regulation-a-work-in-progress>
[13] Stephanie Tong, ‘You Won’t Believe What She Does!: an Examination into the Use of Pornographic Deepfakes as a Method of Sexual Abuse and the Legal Protections Available to its Victims’ (2022) 22-25 UNSW Law Journal Student Series 1, 14
[14] ‘Criminal Code Amendment (Deepfake Sexual Material) Bill 2024’, Parliament of Australia (Web Page) <https://www aph gov au/Parliamentary Business/Bills Legislation/bd/bd2324a/24bd081>
[15] Ted Talas and Maggie Kearney, ‘Diving into the Deep End: Regulating Deepfakes Online’ (2019) 38(3) Communications Law Bulletin 11, 11.
[16] Dan Nikolin, ‘When Seeing is No Longer Believing: Is Australian Privacy Law Ready for Deep Fakes?’ (Research Paper, March 2023) <https://ssrn.com/abstract=4368696>.
[17] Reuters, South Korea to crimialize watching or possessing sexually explicit deepfakes (online at 26 Sep 2024) <https://www.cnn.com/2024/09/26/asia/south-korea-deepfake-bill-passed-intl-hnk>.
Truth is an ancient word imbued with a stoic, unwavering quality. mology of the word, “truth is that which endures, that which cont e, that which stands the test of time” ¹ Truth is about the actuality of the matter, and the events that “really” happened. In the face of di “truth” to resolve any inconsistencies raised in disputes. In the legal w “truth” is omnipotent Each witness who is called into court is asked to take an oath or affirmation; a declaration to tell the truth. There is the universally recognised legal scenario, where a person declares that the evidence they will give is “the truth, the whole truth, and nothing but the truth”. The truth here is stripped down to its purest form. It cannot be accompanied by snippets of dramatic storytelling, embellishments, or creative narrations. The main problem is that this stance on the “truth” in court, clashes with how artists express the truth in their works.
The water is murkier when events from real life is translated to the big screen. In recent years, there has been significant backlash due to the portrayal of real-life figures in popular TV drama. What is true and what is fictional, what facts are distorted and what is dramatized, is up for the audience to interpret Especially in today’s climate, internet sleuths are quick to perform their detective work to pinpoint real-life figures online Reallife-inspired drama series which attract proactive viewers who conduct their own research, should induce mega streaming platforms to tighten their regulations and compliance process. Industry practice around the true-life stories adapted into drama often involves statements like “the following is based on true events” or “‘inspired by true events ”² Netflix is no stranger to controversy in this area Netflix TV series like Inventing Anna, is known for depicting real-life figures. Inventing Anna captures the audience’s attention with the now famous caveat, “this whole story is completely true except for all the parts that are totally made up.”³ This line creates a synthetic interaction between the viewers and the creator of the show The viewers are drawn to this tagline as it entices them to sieve through fictional facts and true events. The “truth” here is transformed into something more alluring to people… but is this dangerous? Furthermore, the pressing question to impose is: Do artists have a legal responsibility when their works depict real people, who are not merely fictional characters?
The policing of stories about real people involves a comb exploitation, and reputation The concept of “truth” becomes we realise that someone else’s truth can differ from another’ famous Netflix limited series, Baby Reindeer – a riveting TV 11 Emmy nominations last month Before the first episode o presented with the opening title card, “This is a true story.” discussed, Baby Reindeer occupies a unique position when Before discussing the matter at hand, it is crucial to note Reindeer derives from traumatic real-life events endured by of the show The premise of Baby Reindeer is that a strug lonely woman who begins to incessantly stalk him. Initially, B
e-man’s show in London Netflix subsequently encouraged Richa s real-life experience into a drama mini-series.⁴ In this TV series, d’s intention is not to gravitate attention towards the real-life figu show. Instead, the focus is on tackling the nuances of being a victi intention is suggested since steps are taken to prevent identification names of the characters are used The stalker character is named “Martha”, while the protagonist is identified as “Donny Dunn”. The show’s end credits also states that the programmes “is based on real events: however certain characters, names, incidents, locations, and dialogue have been fictionalized for dramatic purposes”.
Despite this, although Richard Gadd made the effort to anonymise the real-life inspiration characters in Baby Reindeer, the legality of both ‘self-identification’ and the implications of internet sleuths still arises as challenges for Netflix to overcome ⁵ Scottish woman, Ms Harvey, is filing a lawsuit against Netflix over her alleged portrayal in Baby Reindeer. Ms Harvey is seeking $225 million in damages from Netflix, stating that she been harassed, and cyber-bullied by people on an international scale due to the portrayal of her on the show ⁶ On the Piers Morgan Uncensored show, Ms, Harvey expresses her concerns over being the central inspiration for a TV series that labels itself as a “true story” ⁷ She accuses the creator of Baby Reindeer and Netflix of incorporating “lies” as a mechanism to enhance the quality of the narrative plot, by stating, “[they] told these lies, and never stopped, because it was a better story than the truth, and better stories made money.”⁸ According to Ms Harvey, the fact that her character is a twice-convicted stalker who has been sentenced to five years in prison is entirely untrue and it is a problematic lie ⁹ In reality, Ms Harvey claims that she has never been convicted or imprisoned.¹⁰ She further comments on how this fictionalised fact about her will have a detrimental impact on her professional reputation.¹¹ There are some legal experts who question whether a person could blame the other person for the damage to their reputation if they confess to the public that they self-identify as the real-life character of a story.¹² However, some other media law experts suggest that it is possible for the claimant to sue Netflix if Ms Harvey can prove that she is the subject of libel ¹³ If she is successful, then Netflix’s due diligence has failed.¹⁴ This will be an objective test, where the court will determine whether a reasonable viewer would understand the TV series to refer to Ms Harvey.¹⁵
However, perhaps we should not focus all our energy on Instead, people should pay attention to the emotional truth Baby Reindeer’s narrative. For Gadd to have the courage to a survivor of stalking, is extremely challenging and con acknowledging that although the title card, “This is a true st not directly imply that every fact in the show is accurat documentary, where the creator carries the ethical resp inaccurate facts. Gadd’s form of storytelling takes shape in a bound to consist of some fictionalised recounts of his life In up about how he approaches telling the truth in an artisti
importance of striking the appropriate balance, “any time it veered too much into embellishment I would always want to pull it back. It’s extremely emotionally truthful… I like to think, artistically, that it never moved too far from the truth ”¹⁶ As the creator of a TV show, while creating an enticing plot is intrinsic to prospective success, it is also just as crucial for Gadd to remain loyal to the emotional truth
This essence of emotional truth is poignant in Baby Reindeer. What makes this TV series resonate with other survivors of abuse, is that the characters are not one-dimensional They are not simply cardboard cut-outs of perpetrators and victims. Martha is not necessarily the “villain” of the show She is a character who has mental illness and is experiencing her own personal traumas. The show also sheds light on the power dynamic between the characters Some people watching the show might struggle to understand why Donny is willing to continue his interactions with Martha As human beings –especially when experiencing the lowest points of our lives – we crave for validation from other people While Martha is a disturbing character who is notably dangerous, there is also an empathetic side to her. This sign of empathy is what makes Donny feel seen and heard It is worthwhile to discuss the nuances of the characters in Baby Reindeer because it tells us about something that is profoundly important The core reason as to why this TV series is successful in capturing the complexities of abusive relationships is because it derives from real experiences; it stems from the truth In this show, emotional truth is something that other victims can relate to on a deep psychological level. As a victim of abuse, Gadd emphasises the importance of delivering the truth to others, “My whole life has existed in a prison of denial, shame, and lying When you’re not living truthfully when you’re not speaking the truth to the people … nothing but destruction waits for you ”¹⁷ This is a significant message to those who suffer in silence Truth in this context is transformative. Speaking the truth transforms a person from powerless to powerful
Telling the truth is the integral key to escape the cyclical nature of abuse. In the UK, the head of Kent’s Police’s protecting vulnerable people command, praises Baby Reindeer for raising awareness on male victims, outlining that, “Baby Reindeer was such a good program to shine a light on that very important area ”¹⁸ Holistically, Baby Reindeer invites us to contemplate on the meaning of “truth” and whether it is even possible to tell your truth without any controversy In hindsight, the limited series, Baby Reindeer encourages us to ponder upon the significance of delivering the truth to find inner peace within ourselves.
Bibliography
[1] Carus, P (1910) TRUTH The Monist, 20(4), 481–514 http://www jstor org/stable/27900277
[2] Martin, L. (2024, May). The Baby Reindeer fallout: What will happen next in 2024’s biggest TV controversy? https://www bbc com/culture/article/20240514-the-baby-reindeerfallout-what-will-happen-next-in-2024s-biggest-tv-controversy [3] Ibid.
[4] Netflix [Still Watching Netflix] (2024, April 11) The True Story Behind Baby Reindeer [Video] YouTube https://www youtube com/watch?v=KRoD0pX-AUM&t=483s
[5] Morwood, M. (2024, June). Blurry lines between fact and fiction, such as in Netflix’s Baby Reindeer, often leads to lawsuits https://www abc net au/news/2024-06-11/netflixsbaby-reindeer-lawsuit-more-common-than-you-might-think/103961472 [6] Ibid
[7] Morgan, P [Piers Morgan Uncensored] (2024, May 10) “Richard Gadd is PSYCHOTIC” Baby Reindeer’s ‘Real’ Martha Fiona Harvey [Video]. YouTube. https://www youtube com/watch?v=mK-isQXd Qw&t=180s
[8] Ibid
[9] Ibid.
[10] Ibid
[11] Ibid
[12] Morwood, M. (2024, June). Blurry Lines between fact and fiction, such as in Netflix’s Baby Reindeer, often leads to lawsuits https://www abc net au/news/2024-06-11/netflixsbaby-reindeer-lawsuit-more-common-than-you-might-think/103961472
[13] Martin, L. (2024, May). The Baby Reindeer fallout: What will happen next in 2024’s biggest TV controversy? https://www bbc com/culture/article/20240514-the-baby-reindeerfallout-what-will-happen-next-in-2024s-biggest-tv-controversy
[14] Ibid
[15] Ibid
[16] Ellingham, M. (2024, April). Richard Gadd on Baby Reindeer’s harrowing ending: “It’s the most truthful scene of the show” https://www gq-magazine co uk/article/baby-reindeernetflix-richard-gadd-interview
[17] Netflix [Still Watching Netflix]. The True Story Behind Baby Reindeer [Video]. YouTube. https://www youtube com/watch?v=KRoD0pX-AUM&t=483s
[18] Fuller, C (2024, April) Real life Baby Reindeer victims urged to speak out https://www.bbc.com/news/articles/c2jd1dj93x3o.
Women in the criminal Women in the criminal justice system: justice system:
The impact of gendered stereotypes on legal outcomes
The criminal justice system, ideally a bastion of impartiality and fairness, is not immune to the societal biases that permeate everyday life Gendered stereotypes bleed their way into the justice system, infecting the minds of the administrators of justice—barristers, judges, and witnesses alike As scholars delve deeper, the façade of justice starts to shatter, revealing the systemic stereotypes which have a profound implication on how women are treated within the legal system.
Gendered Expectations and the Criminal Justice System
There is ample evidence suggesting that women in the system have multiple interwoven disadvantages, particularly impacting Aboriginal women and those with mental health concerns ¹ Women are harshly judged and compared to the socially constructed ideals of femininity which are widespread and transmitted through media, education, and recreational socialisation.² When women are seen stepping out of the socially defined traits of being calm, nurturing, and maternal, they start being characterised using highly damaging stereotypes.³ Two of these characterisations include “murderous mother” and “monstrous mother”, both of which are highly damaging when applied to women in the criminal justice system ⁴ These tropes not only vilify women but also pathologize their behaviour, framing them as inherently deviant and unnatural. In short, these portrayals take an extreme blackand-white approach, ignoring the broader context of the woman’s life, instead reducing her person to a caricature of evil. These effects are amplified by the court of public opinion (aka the media), whose choice of language can shape how the public perceives individuals or cases By using specific words or emphasizing certain aspects of the story, the media can influence public sentiment, sometimes creating bias or altering the perceived legitimacy or guilt of those involved Ultimately these gendered tropes affect the overall narrative, swaying the legal decisions before determination by casting a blindfold upon the eyes of decisionmakers, thus, implicating the fairness of decisions.
Prominent Legal Cases
The case of Kathleen Folbigg is a heartbreaking story of a grieving mother who was wrongfully convicted of the murder of her four infant children.⁵ This case hinged on highly gendered conceptualisms, ignoring Kathleen’s grief of losing all her children Typically, in cases such as this (filicide),⁶ the media often relies on dominant cultural discourses that situate offenders within expected gender roles.⁷ In this case, not only was both the scientific and personal evidence wrongly interpreted, but the context of her experience as a new mother was largely ignored. This reflects a broader lack of understanding within the criminal justice system about the complexities of women's experiences, particularly in relation to motherhood. The case also revolved around the application of Meadow’s Law, which as a principle suggests the likelihood of multiple sudden infant deaths occurring is exceedingly rare Because of this outdated and oversimplified theory perpetuated in the media, many courts assume that the presence of such deaths is indicative of foul play. Thus, Meadow’s Law has been a method of convicting women without sufficient evidence to support these conclusions.
Battered women cases
Gender stereotypes also play a significant role in the prosecution of women who have been charged with killing their abusers. In recent years, the defence of provocation⁸ under the Crimes Act 1900, ⁹ has been replaced with the defence of extreme provocation under the Crimes Amendment (Provocation) Act. ¹⁰ This amendment was in response to the R v Singh¹¹ case, which aimed to “reform an old law that was seen as biased against women.”¹² This amendment, however, increased the threshold of proof for the defence As pointed out by Women's Legal Service, this becomes problematic as the reform ignores the fact that many women do not report domestic violence for a range of reasons. This can make it harder for them to obtain evidence for the defence.
Further, the characterisation of women within the cases are extremely biased Typically, stereotypes about women play a prominent role in the presentation of both defence and prosecution cases Where the prosecution will attempt to discredit the defendant for not living up to the standard of the ‘good woman’, the defence will create an equally distorted portrayal of the defendant as ultra-feminine, and thus, a passive, helpless victim ¹³ After the counsels have presented the case, the courts seek to find evidence which confirms stereotypes and fits within the bounds of the dominant deficit-focused paradigm, missing the opportunity to tell the real stories of survivors.¹⁴
Victim blaming
Not only do gender stereotypes affect the outcome of cases involving women offenders, but it also plays a significant role when it comes to the characterisation of victims. Victim blaming within the criminal system is a highly persuasive issue that is again fuelled by deeply entrenched gender stereotypes. The treatment of victims in sexual assault cases during cross-examination is particularly brutal, with "[victims] often describe[ing] it as like another rape or sexual assault”.¹⁵ Further, research found that most victims were questioned about their behaviour leading up to an alleged assault and were often asked questions that went well beyond the alleged assault itself ¹⁶ Lawyer Roman Fida emphasised that sometimes even defence lawyers will continue going down that line of questioning “even though they know they are wrong, even though they know there is a good chance they will be halted”.¹⁷ This normalisation of victim-blaming in the court and in public spheres makes the events suffered by already vulnerable victims a never-ending cycle
The Role of the Media and Public Perception
Recent academic literature has recognised that fictional portrayals of women through the media tend to be inaccurate and stereotypical in nature.¹⁸ Typically, the media helps to exacerbate representations, of both victims and offenders, encouraging the audience and the public to blame victims for their experiences, while female offenders' proclivity for violence is often exaggerated and motivated by female desires.¹⁹ The media's crucial role in shaping public perception and influence can be seen in the Folbigg case, where the media coverage left little room for doubt about her guilt. Ultimately the narrative was driven by sensationalism, with little regard for the nuances of her situation or the possibility of her innocence
In conclusion, the criminal justice system must strive to uphold its ideals of fairness and impartiality through vast reform in how the system handles cases involving women and vulnerable individuals. To do so there must be greater awareness of the impact of gendered stereotypes, to ensure that these biases don’t influence legal outcomes. This could include educating legal professionals and the public about the unique challenges women face. Ultimately, it is essential for us as individuals to challenge our assumptions about women in the criminal justice system and become more critical of the media we consume
Bibliography
¹ Baldry, E , Armstrong, K and Chartrand, V (n d ) Human rights abuses and discrimination against women in the criminal justice system in New South Wales. [online] Human rights abuses and discrimination against women, pp.203–228. Available at: https://classic austlii edu au/au/journals/AUJlHRights/2007/28 pdf [Accessed 10 Sep 2024]
² Tabassum, N and Nayak, B S (2024) Gender stereotypes and their impact on women’s career progressions from a managerial perspective - Naznin Tabassum, Bhabani Shankar Nayak, 2021, Sage Journals Available at: https://journals sagepub com/doi/full/10 1177/2277975220975513
(Accessed: 09 September 2024)
³ UNSW (2024) Gender, Genes & Wrongful Convictions: Implications of the Kathleen Folbigg case, YouTube. Available at: https://www.youtube.com/watch?v=XG-OpZlTJJM (Accessed: 10 September 2024).
⁴ Ibid
⁵ Hamilton, D (2023) Kathleen Folbigg: Innocent After Proven Guilty [online] www hamiltonjanke com au Available at: https://www hamiltonjanke com au/kathleen-folbigg/
⁶ Filicide is the deliberate act of a parent killing their own child
⁷ Simington, A. and Farmer, C. (2024). Australian news media portrayals of filicide: depictions of mental health and the flawed mother trope. [online] Research Gate. Available at: https://www.researchgate.net/publication/381194442 Australian news media portrayals of filicide depictions of mental health and the flawed mother trope
⁸ The defence of provocation downgrades murder to manslaughter if the accused pleads guilty and was ‘provoked’ by the victims’ actions
⁹ Crimes Act 1900 (NSW) s 23(1)
¹⁰ Crimes Amendment (Provocation) Act 2014 (NSW)
¹¹ R v Singh [2012] NSWSC 637.
¹² Brad Hazzard, Attorney General and Minister for Justice, Media Release: Provocation Excuse Wears Thin (14 May 2014)
¹³ Ibid
¹⁴ Hamby, S (2013) Battered Women’s Protective Strategies Oxford University Press
¹⁵ Kinsella, E (2021) A child victim was asked 1,000 questions in a sexual offence trial Now, there are calls for change [online] www abc net au Available at: https://www abc net au/news/2021-0325/experts-question-how-justice-system-deals-with-sexual-offences/13248172.
¹⁶ Ibid.
¹⁷ Ibid
¹⁸ Rodenhizer, K A E and MacPherson, A R (2019) Media Portrayals of Women in Criminal Justice
The Encyclopedia of Women and Crime, pp 1–4
doi:https://doi org/10 1002/9781118929803 ewac0200
¹⁹ Ibid
Year after year, millions of students find themselves gathering in major cities across the world in order to strike for climate action. With colourful cardboard signs in hand, they stand together to bring awareness to the existential threat of climate change, and to urge courts and governments to act in response to it. The atmospheres of the strikes that my peers and I attended were powerful, the largest drawing a crowd of 80,000. Sharp, urgent words from indigenous elders were amplified on large speakers; they spoke of a deep, ancestral connection to their land. Their passion echoed across the crowd of young faces, sparking a resonant realisation that we all ultimately depend on our environment and are its custodians too. After leaving the sunlit Domain that afternoon, my peers and I were still buzzing with a sense of collective responsibility and hope. Some of them went on to lead school environmental committees, local clean-ups, youth climate coalitions, to study law, or to drastically change the legal and political approach to climate action. Young people, women, and indigenous Australians have pioneered these efforts; this article explores and celebrates the successes of diverse innovators in Australian climate action and litigation.
One of the young women amongst a crowd of forward climate strike was Anjali Sharma, a formidable figure and intelligence of young climate activists across the attend, organise, and give speeches at climate strikes Anjali’s name has frequently appeared in news involvement in a seminal case in environmental Environment. Despite only being in the second year forefront of Australian climate litigation and policy. Australians who brought a class action against the Federal Sussan Ley, aiming to block the expansion of the Whitehaven centred on whether the Minister’s approval of the project potential personal injury to Australian youth from alleged that the Minister had a legal duty to protect detrimental effects of a changing climate.
recognised a novel Minister to young severe risks that future. However, it to halt the mine’s of a novel duty of significant implications for approval of future appeal, it was ruled a duty of care to Court accepted that threat, they reasoned appropriate due to the climate change harm, the absence of special vulnerability between young 40
Australians, and the indeterminate class of affected individuals prevent this case from fitting conventional negligence law. Such reasoning makes it apparent that climate action in Australia is limited by legislation, common law principles, and the functions of Australian courts. Despite the outcome of Sharma, Anjali has continued to persevere from her dorm room in Canberra. At the moment, she is striving to achieve policy reform whilst developing the Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill alongside members of Parliament.
Another prominent example of climate litigation led by diverse activists is Daniel Billy v Australia (Torres Strait Islanders Petition) A group of eight Torres Strait Islanders and six of their children submitted a petition to the UN Human Rights Committee, alleging that Australia violated their rights under the International Covenant on Civil and Political Rights (ICCPR) due to a failure to mitigate climate change. The plaintiffs, from the lowlying islands of Boigu, Poruma, Warraber, and Masig, argued that rising sea levels and extreme weather events have severely impacted their livelihoods, culture, and connection to ancestral lands; severe flooding has destroyed family graves, disrupted traditional ceremonies, and has been detrimental to agricultural practices and food security. On September 23, 2022, the Committee concluded that Islanders from the adverse effects of climate change culture and to be free from arbitrary interference with The Committee acknowledged the Islanders’ spiritual critical role of healthy ecosystems in sustaining their Australia’s efforts, such as constructing new seawalls, and adequate measures; the Committee urged Australia engage in meaningful consultations regarding their needs cases have been part of an increasing trend of climate and Indigenous people. According to a report by Programme, Australia has the second most climate The report proposes that “climate litigation represents dynamics of this fight” against climate change.
Women and Indigenous Australians have also been at the frontier of climate activism. Another milestone is the establishment of ‘Seed’, the first Indigenous youth led network for climate action. The National co-founder and director of the Amelia Telford discussed the roots of her activism in an interview; realised the true injustice of the issue and the impacts but on Aboriginal and Torres Strait Islander people impacts of climate change.” The organisation provides activists to contemplate the change that is most meaningful action, and form a powerful voice to guide climate policy making and legal reform.
In the face of an escalating climate crisis, the inspiring particularly women and Indigenous activists, highlight movements in advocating for urgent climate action and continues to evolve, it is crucial that we celebrate ensuring that climate action is inclusive, equitable, and sustained.
