Law reform is the process in which existing laws are renewed and changes are introduced with the aim of enhancing justice and efficiency. The term “sexual assault” is a general term for criminal offenses involving unwanted sexual contact; these acts include unwanted touching, groping, indecent acts of other kinds and rape, as defined by the Criminal Act 1990 NSW. The Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021 was effective in addressing sexual assault cases where consent should be given both verbally and/or physically and should not be assumed. Campaigns such as the “Let Her Speak” campaign have also benefited victims by allowing them to advocate for themselves in cases of sexual assault. Sexual assault remains an issue …show more content…
This campaign was launched in November 2018 to abolish victim sexual assault gag laws in Tasmania, then the Northern Territory and Victoria. Gag laws are laws or rulings prohibiting free debating or expression of opinion. Grace Tame’s legal case was the catalyst for the #LetHerSpeak campaign. Grace Tame was sexually assaulted by her teacher, Nicholas Ockert Bester, when she was 15 years old. Bester, who was 58 at the time, groomed and raped Grace multiple times at school. He was found with 28 images of child pornography on his computer when he was arrested.Bester pleaded guilty to “maintaining a relationship with a young person” and possession of child exploitation material. He was sentenced to two years and 10 months in jail but was released on parole after serving 19 months.The court case was widely covered in the media, with some outlets suggesting it was a teacher-student affair, implying that Grace had willingly participated. This caused further distress for Grace and her family.After the trial, Grace wanted to speak publicly about her abuse for her healing process and to inspire others to report. However, she was bound by Section 194K of the Evidence Act, which made it illegal for publications in Tasmania and the Northern Territory to name sexual assault survivors, even with the survivor’s full consent. This law prevented Grace from telling her story while her perpetrator was free to say whatever he wanted. In 2019, Grace won a supreme court exemption which allowed her to talk about her experiences. She has since campaigned for changes in the way sexual assault is dealt with and has spoken out about her experiences, including the moment she confronted her abuser. This campaign was assisted by her advocate Nina Funnel to overturn Tasmania’s gag laws. The campaign was effective in achieving its goal of allowing sexual assault victims to speak up about their cases.
Saunders states that Rape Shield laws are in place to protect victims of sexual assaults and rapes during a criminal trial. They prevent defendants to bring fourth evidence of the victim’s sexual history, orientation or past relationships (Saunders, 2014). Rape can be a very emotional and embarrassing ordeal; it’s very private and personal and can be hard to deal with for years to come. As with many victims of crime especially sexual offenses there are advantages and disadvantages to each new law that is implemented. This paper is designed to analyze the advantages and disadvantage of the Rape Shield Laws.
The trial of 19 year old Owen Laurie has brought into light the alarming rate in which Sexual assault is rising. The issue that rages on in Colleges is said to be making its way to high schools and primary school. In a study conducted by the Centers for Disease Control and Prevention: Division of Violence Prevention, 19% of Undergraduate women experienced
Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.
Successes and Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of public concern over the adequate protection of their children and the proliferation of paedophilia. The abnormally low conviction rate for rape as well as socio-criminal phenomena like 'date-rape' or the effect of immigration on acceptable sexual practices were yet more facets of a many-handed debate about how the law should respond to a changing world. Understanding these issues is central to finding the coherent thread upon which different changes in the Act attempt to hang.
Gender is predominating in the criminal justice system and sexual assault exemplifies the contrast found between the traditional and non-traditional justice systems employed over time. Sexual assault poses a social threat to all aspects of community, spreading insecurity in 43400 victims across Australia and 13300 victims in NSW alone as indicated in the recent Australian Bureau of Statistics Crime Victimisation Report. (ABS 2011, p. 40) There has also been an increase of sexual assault by 51% since 1995 with an average of 4% every year. (ABS 2010) Another major issue within the boundaries of sexual assault is that it holds one...
Sexual assault is the act of sexual intercourse without consent of the other person according to the New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31). It has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting the individual on the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of the community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010).
Susan Griffin’s Rape: The All-American Crime touches on many issues within American society. She begins by recounting how she was taught to be afraid of strange men from such a young age that she had not yet learned what it was she was so afraid of, and then goes into her experience with harassment, an experience shared by every woman at some point in her life. Griffin recounts the belief that all rapists are insane and the proof that they are just normal men and dispels the myth that rape is normal activity that is prohibited by society. However, she goes on to clarify that our culture views rape: “as an illegal, but still understandable, form of behavior” (Griffin 514). It seems that the wrongness of rape is determined by the situation in
Sexual assault is defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” (“Sexual Assault”, 2nd heading). An average of 237,868 Americans (ages 12+) are sexually assaulted per year. This translates to an american being sexually assaulted every two minutes. This does not even include all of the children who are victims of sexual assault. The government has tried to combat these appallingly high statistics with various pieces of legislature, including Title IX.
Sexual assault (the term, rape, is no longer used in Canadian criminal law) is an act of violence that is a criminal offence under the federal Criminal Code of Canada. The Criminal Code is constantly being amended by the federal Canadian Parliament, as well as interpreted by court cases. A victim of a sexual assault (sexualized violence) may also bring a private action called a civil suit, suing the person who assaulted her or him for money damages.This cause of action is distinguishable from a criminal action, which is defined by a different body of law, has a different burden of proof, and has different results. The civil suit is generally defined by court cases, rather than by treatment of law, as is criminal justice.
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Rape until 2012 was defined as “The carnal knowledge of a female forcibly and against her will.” It was severely lacking was only updated by the Federal Bureau of Instigation in 2012. It left out an entire section of rape that can be committed which is man being the rape victim. This lead to misclassification of rape of males for years. So even the statistics used till 2014 were underwhelming and inaccurate when it was related to male rape or sexual assault. Rape in the United States is now defined by the Department of Justice as “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Male Rape or men being the sexual assault victims are rarely ever the subject of a dialogue when Sexual Assault is the topic being discussed because rape is generally seen as a heterosexual highly sexed male attack on vulnerable, attractively dressed female victim. Most rapists have alternative outlets for sexual gratification, many take little notice of their victim 's physical attributes, and some may experience sexual dysfunction during the assault.
To comprehend the underlying levels of conviction, there are unfortunate factors from the police, the criminal justice system, the probability of evidence and issue of consent that make convictions immensely difficult to prove. This essay will investigate those measures showing the contrasts of rape and why it is tricky to prove rape occurred without consent, without any corroborative evidence, attitudes of police towards rape victims, the victims withdrawing their report due to personal circumstances and the handling of victims in court, that lead to many offenders having a non-custodial sentence or being acquitted of a rape charge. In the first paragraph, I will explain what constitutes rape and the variations of relationships in which rape is committed. The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.
What is sexual assault? Sexual assault is, “any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape” (Sexual Assault).
Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.
Students vary greatly in their tendency to procrastinate, that is, willingly yet unreasonably delaying an intended course of action (Gustavson, Miyake, Hewitt, & Friedman, 2015). Approximately 30% to 60% of undergraduate college students report regularly delaying of educational tasks such as studying for tests, writing term papers, and completing daily assignments, to the point at which completely well on an assignment becomes highly unlikely (Rabin, Fogel, & Nutter-Upham, 2011). The habit to postpone working across the lifespan goes hand in hand with personality qualities such as careful kindness and behavior that shows no self-control and is strongly related to people’s age, race, income, education, and whether have been married or divorced (Gustavson et al., 2015).