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Professor Elisabeth McDonald

Contact

Department: Faculty of Law

Direct Dial: +64 3 3694550

Office: Meremere 413

Language: English

Elisabeth applies feminist critique to criminal law and the rules of evidence and procedure
About
Research / Creative works
Supervision
Methods & Equipment

Fields of Research

  • The law of evidence
  • Prosecuting sexual and family violence
  • Legal issues relating to sex and gender identity
  • Feminist legal theory
  • Criminal law

Researcher Summary

Elisabeth McDonald MNZM has established teaching and research interests in legal issues related to criminal law, criminal justice, the law of evidence, gender and sexuality. She has particular expertise with regard to the evidential and procedural rules relating to the prosecution of sexual offences. She was awarded a Marsden grant for the research project “Rape myths as barriers to fair trial process”, resulting in a 2020 book of the same name, and is currently working on research funded by the New Zealand Law Foundation and the Borrin Foundation. She was part of the Law Foundation funded research project which culminated in the publication of From “Real Rape” to Real Justice (VUP, Wellington, 2011), a work providing important background to the Law Commission project on alternative trial processes in sexual cases (2015).
Elisabeth is also widely published in the area of evidence, and has been a regular consultant to the Law Commission in this area, as well as many others. Elisabeth has been co-Convenor of the Women’s Consultative Committee of the New Zealand Law Society, a Board member of the Intersex Trust of Aotearoa New Zealand, a committee member of the Wellington Women Lawyers Association and organiser of the 1993 Suffrage Centennial Women in the Law Conference.  She was a co-Convenor and co-editor of the Law Foundation funded Feminist Judgments Project Aotearoa (Hart, 2017) and a member of the NZLS Working Group on Harassment (2018). In June 2018 she was made a Member of the New Zealand Order of Merit for Services to Law and Education. Elisabeth was also a member of the Minister of Justice appointed Establishment Advisory Group for the Criminal Cases Review Commission (2020) and has a long-standing research relationship with the Institute of Judicial Studies.

Subject Area: Disciplines

  • Law: Criminal Law

Research/Scholarly/Creative Works

(Displaying research/scholarly/creative work for last six years)
Authored Books
  • McDonald E. (2020) Adams on Criminal Law - Evidence. Thompson Reuters. 72.
  • McDonald E. (2020) Rape Myths as Barriers to Fair Trial Practice: Comparing adult rape trials with those in the Aotearoa Sexual Violence Court Pilot. Christchurch: Canterbury University Press. 560. http://dx.doi.org/10.18124/1xqx-hy30.
  • Cuncannon F., Khouri N., McDonald E., Oliver-Hood J., Optican S., Pike W. and Whittington N. (2018) Mahoney on Evidence: Act and Analysis. Thomson Reuters. 1020.
Edited Volumes
  • McDonald E; Powell RL; Stephens M; Hunter R (Ed.) (2017) Feminist Judgments of Aotearoa New Zealand: Te Rino - A Two-Stranded Rope. Oxford: Hart Publishing. 549.
Chapters
  • McDonald E. (2019) Using deductive reasoning to teach the law of evidence. In Gans J; Daly Y; Schwikkara PJ (Ed.), Teaching Evidence Law: Contemporary Trends and Innovations: 15.Routledge.
  • Hunter R., Stephens M., McDonald E. and Powell RL. (2017) Chapter 3: Introducing the Feminist and Mana Wahine Judgments. In McDonald E; Powell R; Stephens M; Hunter R (Ed.), Feminist Judgments of Aotearoa New Zealand: Te Rino - A Two-Stranded Rope: 25-48. Oxford: Hart Publishing.
  • McDonald E. (2017) Assessing a Person’s Truthfulness on Either Side of the Tasman: Comparing Concepts of Credibility and Veracity. In Roberts A; Gans J (Ed.), Critical Perspectives on the Uniform Evidence Act: 230-250. Annandale: Federation Press.
  • McDonald E. (2017) Reasonable Grounds to Believe an Unconscious Woman is Consenting? In Powell R; Stephens M; Hunter R; McDonald E (Ed.), Feminist Judgments of Aotearoa New Zealand Te Rino: a Two-stranded Rope: 425-431.Hart Publishing Limited.
  • McDonald E. (2017) When is Sexual Violence Against Women Unusual? In McDonald E; Powell R; Stephens M; Hunter R (Ed.), Feminist Judgments of Aotearoa New Zealand Te Rino: a Two-stranded Rope: 463-469.Hart Publishing Limited.
  • McDonald E., Byrne J. and Dickson S. (2017) The Significance of Naming Harm for Trans Women: Defining Rape in Aotearoa New Zealand. In Hazenberg E; Meyerhoff M (Ed.), Representing Trans: Linguistic, legal and everyday perspectives: 104-135. Wellington: Victoria University Press.
  • Powell RL., McDonald E., Stephens M. and Hunter R. (2017) Chapter 1: Ko Ngā Muka o Te Rino: Threads of the Two-Stranded Rope. In McDonald E; Powell R; Stephens M; Hunter R (Ed.), Feminist Judgments of Aotearoa New Zealand: Te Rino - A Two-Stranded Rope: 3-14. Oxford: Hart Publishing.
Journal Articles
  • McDonald E. (2020) Communicating Absence of Consent is not Enough: The Results of an Examination of Contemporary Rape Trials. Australian Feminist Law Journal 46(2): 205-224. http://dx.doi.org/10.1080/13200968.2021.1930432.
  • McDonald E. (2019) Gender neutrality and the definition of rape: Challenging the law’s response to sexual violence and non-normative bodies. University of Western Australia Law Review 44(2): 166-194.
  • McDonald E. and Benton-Greig P. (2018) Accessing court files as a feminist endeavour: Reflections on ‘Feminist Judgments of Aotearoa - Te Rino: A Two-Stranded Rope’. Oñati Socio-Legal Series 8(9): 1241-1258. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-0997.
Reports
  • McDonald E. (2020) Submission on Sexual Violence Legislation Bill 2019.Justice Select Committee. 6.

Student Supervision

Displaying all items.
    Current
  • Honours - Trowbridge F: Extending the rape shield statute (2019)
  • Completed
  • Masters - Rudd C: Expert evidence in rape cases (2018)
  • Honours - Duggan J: Hate crime: Adding gender as a category (2016)
  • Honours - Lancaster J: Dispelling rape myths using counter-intuitive directions (2018)
  • Honours - McCarroll B: Prosecutorial misconduct (2018)
  • Honours - McMahon M: Specialist Sexual Violence Court (2017)
  • Honours - Oliver A: Regulation of intimate visual images (2018)
  • Honours - Stringer J: Rules of evidence in family violence prosecutions (2017)
  • Summer Student - Case J: Internship essay (2019)
  • Summer Student - Dunlop M: Internship essay (2017)

Key Methodologies

  • Critical legal analysis
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