ABSTRACT

One of the most difficult facets to map of those cases which have relied on BWS evidence is the impact of race. The erasure of colour as a ‘relevant’ matter for inclusion in the ‘facts’ of the legal text renders it virtually impossible to know whether the woman accused is white or of colour. It has been suggested, for example, that Angelique Lavallee was Aboriginal, yet there is nothing in the recorded facts which would indicate this. Yet, in other cases race is clearly and centrally present.