When some people are more equal than others : the impact of radical feminism in our adversarial system of criminal justice

TL;DRAbstract

There is no doubt that in decades past, gender neutrality was certainly lacking in various aspects of our adversarial system of criminal justice, especially where allegations of rape and other sexual assaults were made. However, the reality is that most of these antiquated and unfair rules have now been legislated or construed out of existence. This article will examine several areas in which the Victorian Parliament has arguably accorded preferential treatment to one gender at the expense of the other. In particular, the discussion will focus on how this preferential treatment has egregiously affected our system of criminal justice, especially such sacrosanct tenets as the presumption of innocence and that all persons are regarded as equal before the law.

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