Sexual Assault Law Reform
Legal Studies Assignment
The Legal System – Law Reform
Evaluate the effectiveness of the law reform process in achieving just outcomes in regard to sexual assault.
Teacher:
Word Count: 2293
Sexual Assault Law Reform.
Sexual Assault is a general term for criminal offences involving unwanted sexual contact; acting including unwanted touching, groping, indecent acts of kinds, and rape. (Milgate, Dally, Webster, Cornu & Kelly – 2009, p.118). Sexual assault law varies in different states and territories in Australia.
During the 1970’s -1980’s significant law reform processes were initiated due to a lack of just outcomes for the victim and a lack of support from society. Changes to legislation included the broadening of the definition of sexual assault, resulted in attention being taken away from the complainant’s personality traits and sexual history and shifted attention too the accused’s behaviours. Further more it outlawed the Act of Martial rape entirely). This also helped to change victim’s position in society, as rape victims were socially condemned because of their experiences. In spite of these significant changes sexual assault cases have the lowest record of guilty verdicts and the highest appeal rate of any crime per capita (Australian institute of family studies) .
This assessment will firstly examine the condition in society, which led to the law reform mechanism in the 80’s. These reforms were amendments to the Crimes Act 1900. A case study will highlight the condition, which led to these changes. Following will identify and evaluate further significant amendments of the crimes act and their changes to legislation. A case study will also highlight this, demonstrating the effectiveness or ineffectiveness of these changes. Further on will include another law reform, discussing its flaws and fairness to society and victims.
Throughout the 19th and 20th centuries, women were
The Legal System – Law Reform
Evaluate the effectiveness of the law reform process in achieving just outcomes in regard to sexual assault.
Teacher:
Word Count: 2293
Sexual Assault Law Reform.
Sexual Assault is a general term for criminal offences involving unwanted sexual contact; acting including unwanted touching, groping, indecent acts of kinds, and rape. (Milgate, Dally, Webster, Cornu & Kelly – 2009, p.118). Sexual assault law varies in different states and territories in Australia.
During the 1970’s -1980’s significant law reform processes were initiated due to a lack of just outcomes for the victim and a lack of support from society. Changes to legislation included the broadening of the definition of sexual assault, resulted in attention being taken away from the complainant’s personality traits and sexual history and shifted attention too the accused’s behaviours. Further more it outlawed the Act of Martial rape entirely). This also helped to change victim’s position in society, as rape victims were socially condemned because of their experiences. In spite of these significant changes sexual assault cases have the lowest record of guilty verdicts and the highest appeal rate of any crime per capita (Australian institute of family studies) .
This assessment will firstly examine the condition in society, which led to the law reform mechanism in the 80’s. These reforms were amendments to the Crimes Act 1900. A case study will highlight the condition, which led to these changes. Following will identify and evaluate further significant amendments of the crimes act and their changes to legislation. A case study will also highlight this, demonstrating the effectiveness or ineffectiveness of these changes. Further on will include another law reform, discussing its flaws and fairness to society and victims.
Throughout the 19th and 20th centuries, women were
References: Milgate P, Dally K, Webster P, Cornu D, Kelly T (2009). Cambridge Legal Studies - Preliminary Second Edition - London http://www.bartleby.com/349/authors/90.html Fileborn, B ( 2011)