Skewering the Credibility of Women: A Reappraisal of Corroboration in Australian Legal History

Abstract

Female victims of sexual assault have traditionally found their courtroom testimonies assailed by legal rules requiring corroboration. This article examines the historical roots of the doctrine of corroboration, using a case study based on R v. Sullivan, a trial for “carnal knowledge of a girl under 16” that took place in Perth in 1912-1913. Drawing upon archival records and contemporary newspaper reports, the author uses the case to illustrate how Australian lawyers and judges interpreted the corroboration rules in ways that privileged men accused of sexual assault and unfairly disadvantaged female complainants.

Keywords: victim, sexual assault, crime, criminal law, offence, testimony, testimonies, credibility, complainant, corroboration, evidence, Sullivan, trial, carnal knowledge, history, historical, 1912, 1913, Perth, archival, archive, Australia, Australian, law, lawyer, female, women, feminist, feminism