In 1998, Marylin McKenna was murdered by Stuart Drury. Drury was tried for her murder and was found guilty, but he appealed the decision claiming he had been provoked into killing Marylin because she had been unfaithful to him. This appeal has had a profound impact on our law around provocation through sexual infidelity. In this episode, we are using Drury’s appeal to take a closer look at the impact of history and cultural legacies on our legal system.
About the Scottish Feminist Judgments Podcast:
Is the law neutral, and does it serve us all equally? The Scottish Feminist Judgements Project (SFJP) attempts to answer these questions. Legal academics and practitioners got together to re-write historical cases through a gendered lens. In their re-writing, the feminist judges could only use tools - laws, evidence, and social understanding of the world - that could have been accessed by the original judge and jury at the time of the original judgement.