The digital witness: The role of digital evidence in criminal justice responses to sexual violence. (December 2018)

• Record Type: Journal Article
• Authors: Dodge, Alexa
• Is Part Of: Feminist theory. Volume 19:Number 3(2018)
• Page Start: 303
• Page End: 321
• Publication Date: 2018-12
• Subjects: Criminal justice -- digital evidence -- sexual assault -- sexual violence -- social media -- technology; Feminist theory -- Periodicals; 305.4205
• DOI: 10.1177/1464700117743049
• Languages: English
• ISSNs: 1464-7001

Abstract

While the low conviction rate for cases of sexual violence is often justified by the so-called 'he-said-she-said' nature of these cases, the increasing presence of digital evidence has begun to challenge this justification. This digital evidence can provide new opportunities for intervening in and prosecuting sexual violence. However, it may also be used against complainants or deemed still insufficient for proving guilt. Thus, while digital evidence may be challenging typical criminal justice responses to sexual violence, it may equally be utilised to buttress entrenched stereotypes and criminal justice practices that lead to complainant dissatisfaction and serve to support low conviction rates. I draw on critical feminist legal theory, feminist engagements with digital technology and sexual violence, and visual criminology to theorise the burgeoning role of the digital witness in sexual violence cases.