Sexual assault law reform in New South Wales: Issues of consent and objective fault

Townsley, L; Dobinson, IR

Sexual assault law reform in New South Wales: Issues of consent and objective fault

Townsley, L

Dobinson, IR

Permalink

Publisher:: Lawbook Co
Publication Type:: Journal Article
Citation:: Criminal Law Journal, 2008, 32 (3), pp. 152 - 166
Issue Date:: 2008-01

Open Access

Copyright Clearance Process

Recently Added
In Progress
Open Access

This item is open access.

Adobe PDF

Download full textAdobe PDF (134.09 kB)

View statistics

Full metadata record

Field	Value	Language
dc.contributor.author	Townsley, L https://orcid.org/0000-0001-5206-4055	en_US
dc.contributor.author	Dobinson, IR https://orcid.org/0000-0002-8124-2161	en_US
dc.date.issued	2008-01	en_US
dc.identifier.citation	Criminal Law Journal, 2008, 32 (3), pp. 152 - 166	en_US
dc.identifier.issn	0314-1160	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10447
dc.description.abstract	The purpose of this article is to assess the recent reforms to the Crimes Act 1900 (NSW) in relation to sexual assault. Two of the main reasons for reform were to increase the reporting of sexual assault and to increase conviction rates. It is not possible to assess the impact of the reforms on these two factors; as such, the article focuses on the legal changes and their predictive impact upon the proof of liability for sexual assault offences. Specifically, it assesses the statutory definition of consent, the expansion of the circumstances whereby consent would be negated or vitiated, and the adoption of an objective fault element. The article also considers, where relevant, the current law on sexual assault in other Australian jurisdictions, as well the United Kingdom, New Zealand and Canada.	en_US
dc.publisher	Lawbook Co	en_US
dc.relation.ispartof	Criminal Law Journal	en_US
dc.title	Sexual assault law reform in New South Wales: Issues of consent and objective fault	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	32	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.volume	32	en_US

Abstract:

The purpose of this article is to assess the recent reforms to the Crimes Act 1900 (NSW) in relation to sexual assault. Two of the main reasons for reform were to increase the reporting of sexual assault and to increase conviction rates. It is not possible to assess the impact of the reforms on these two factors; as such, the article focuses on the legal changes and their predictive impact upon the proof of liability for sexual assault offences. Specifically, it assesses the statutory definition of consent, the expansion of the circumstances whereby consent would be negated or vitiated, and the adoption of an objective fault element. The article also considers, where relevant, the current law on sexual assault in other Australian jurisdictions, as well the United Kingdom, New Zealand and Canada.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/10447