Legislating Against Hate Crime in New Zealand: The Need to Recognise Gender-Based Violence

2004 ◽  
Vol 35 (3) ◽  
pp. 591 ◽  
Author(s):  
Charlotte Brown

Section 9(1)(h) of the Sentencing Act 2002 provides that hate crime is to be taken into account as an aggravating factor when sentencing. Yet gender is excluded from the listed grounds of hostility. This article critically examines the exclusion of gender-based hate crime in New Zealand in relation to criminal sentencing. It advocates that there is a need to recognise such hate crime and proposes a reformulated section 9(1)(h) to achieve this.

Temida ◽  
2008 ◽  
Vol 11 (3) ◽  
pp. 111-124
Author(s):  
Ivana Vuckovic

The main issue in this work is men's violence against women as a hate crime. The author analyzes this through a feminist perspective considering the relevance of basic facts and concepts such as gender, gender roles and socialization, power, patriarchy and women's rights. The author analyzes the position of women victims of men's violence on both the international and national level, and their legal protection, in general and especially in Serbia, using a victimological approach.


2020 ◽  
Vol 8 (3) ◽  
pp. 266-277
Author(s):  
Lorena Sosa

In 2012, after decades of trans and travesti activism in Argentina, the law on gender identity was finally adopted. Travesti activists Diana Sacayán and Lohana Berkins were at the forefront of these efforts. The same year, after the long struggle of the feminist movement, ‘femicide,’ understood as the murder of women by men in the context of gender-based violence, was incorporated into the Criminal Code as aggravated murder. This legal amendment also criminalized hate crime based on the sexual orientation or gender identity of the victim. Mobilized by Sacayán’s murder in 2015, the trans and travesti collective sought to make the experiences of exclusion and marginalization of the travesti collective visible by coining the notion of ‘travesticide,’ and demanded it to be used in the ensuing criminal trial that followed her death. Constrained by the legal notions of femicide, gender-based violence, and hate crimes, the Tribunal introduced ‘travesticide’ in their decision, yet questions on how to properly operationalize this notion in criminal law remain. Each notion offers opportunities and poses difficulties in making the murder of travestis politically visible and accounted for. By a detailed analysis of the final judgment, this article reflects on the implications of the notions used in the trial and the possible lessons for future interactions with the criminal justice system.


2021 ◽  
Author(s):  
◽  
Genevieve Courtney

<p>Following recent high-profile allegations of gender-based violence perpetrated by professional rugby players in contexts involving alcohol in New Zealand, concerns regarding the safety of women in the context of New Zealand rugby culture have emerged. Despite these concerns, no previous studies have explored how rugby culture is enacted in gendered environments where alcohol is consumed, nor has research considered how women in these environments perceive or experience rugby culture. This research addresses an important literature gap, by exploring how women working in licensed leisure venues perceive and experience New Zealand rugby culture. Applying a feminist lens, this qualitative study employed semi-structured interviews with fifteen women who had experience working in New Zealand’s night-time economy. This study found that experiences of violence, degradation, and sexual objectification were a routine and expected part of the women’s interactions with rugby culture. These experiences profoundly impacted their ability to enjoy and participate in rugby, compromised their feelings of workplace safety and satisfaction, and contributed to a range of adverse mental health outcomes. While alcohol was considered to exacerbate antisocial behaviours within rugby culture, the participants identified multiple pathways to rugby-related violence, all of which can be linked to a ‘Kiwi bloke’ version of masculinity that prizes heterosexuality, toughness, and alcohol consumption. Based on these findings, this research concludes that in gendered environments that involve alcohol, New Zealand rugby culture cannot be considered a safe culture for women. This study therefore emphasises the need to prioritise ways of addressing attitudes, behaviours, and approaches to masculinity within rugby culture that may be conducive to gender-based violence and, given the cultural dominance of rugby in New Zealand, serves as an urgent call for further empirical research to inform the development of violence prevention and management strategies.</p>


2021 ◽  
Author(s):  
◽  
Genevieve Courtney

<p>Following recent high-profile allegations of gender-based violence perpetrated by professional rugby players in contexts involving alcohol in New Zealand, concerns regarding the safety of women in the context of New Zealand rugby culture have emerged. Despite these concerns, no previous studies have explored how rugby culture is enacted in gendered environments where alcohol is consumed, nor has research considered how women in these environments perceive or experience rugby culture. This research addresses an important literature gap, by exploring how women working in licensed leisure venues perceive and experience New Zealand rugby culture. Applying a feminist lens, this qualitative study employed semi-structured interviews with fifteen women who had experience working in New Zealand’s night-time economy. This study found that experiences of violence, degradation, and sexual objectification were a routine and expected part of the women’s interactions with rugby culture. These experiences profoundly impacted their ability to enjoy and participate in rugby, compromised their feelings of workplace safety and satisfaction, and contributed to a range of adverse mental health outcomes. While alcohol was considered to exacerbate antisocial behaviours within rugby culture, the participants identified multiple pathways to rugby-related violence, all of which can be linked to a ‘Kiwi bloke’ version of masculinity that prizes heterosexuality, toughness, and alcohol consumption. Based on these findings, this research concludes that in gendered environments that involve alcohol, New Zealand rugby culture cannot be considered a safe culture for women. This study therefore emphasises the need to prioritise ways of addressing attitudes, behaviours, and approaches to masculinity within rugby culture that may be conducive to gender-based violence and, given the cultural dominance of rugby in New Zealand, serves as an urgent call for further empirical research to inform the development of violence prevention and management strategies.</p>


2007 ◽  
Author(s):  
Angela D. Ledgerwood ◽  
Raven E. Cuellar ◽  
Gillian Finocan ◽  
Jennifer L. Elfstrom ◽  
Karen S. Bromer ◽  
...  

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