skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 67297 Find in a Library
Title: RAPE LAW REFORM - THE AUSTRALIAN EXPERIENCE, PART 2
Journal: CRIMINAL LAW JOURNAL  Volume:2  Issue:3  Dated:(1978)  Pages:115-129
Author(s): D O'CONNOR
Date Published: 1978
Page Count: 15
Format: Article
Language: English
Country: Australia
Annotation: PART 2 OF AN ARTICLE ON RAPE LAW REFORM IN AUSTRALIA, THIS REPORT ECHOES PART 1 IN STATING THAT THE FINAL REPORTS OF THE LAW REFORM COMMISSION ON RAPE PRESENT A PICTURE OF GREAT ACTIVITY WITH FEW CONSTRUCTIVE RESULTS.
Abstract: THE SPATE OF LEGISLATION WHICH FOLLOWED COMMISSION RECOMMENDATIONS WITHIN THE LEGAL BUREAUCRACY OF STATE GOVERNMENTS IN AUSTRALIA HAS MADE THE LAW OF RAPE IN AUSTRALIA MORE CONFUSING AND POTENTIALLY INEQUITABLE. IN LAW, THERE ARE NOW 3 DIFFERENT DEFINITIONS OF RAPE --THE COMMON LAW, THE SOUTH AUSTRALIAN LAW, AND THE VARIATIONS BY THE STATE OF VICTORIA. NEW SOUTH WALES PROPOSES ANOTHER VARIANT. REFORM OF THE SUBSTANTIVE LAW IS NECESSARY, BUT WITHOUT CENTRALIZATION THE RESULT HAS BEEN DUPLICATION AND A CONFUSED RESPONSE TO THE PROBLEM. THE COMMISSION REPORTS, WITH THE EXCEPTION OF THAT OF THE HUMAN RELATIONS COMMISSION, ARE TOO NARROW AND LEGALISTIC IN THEIR APPROACH. THEY CONCENTRATE ON PROCEDURAL REFORM ONLY, IGNORING THE SOCIAL AND PSYCHOLOGICAL PROBLEMS OF RAPE VICTIMS. STATISTICS AND CONCLUSIONS ALSO BECOME UNRELIABLE WHERE THERE IS NO UNIFORMITY OF RAPE LAWS. THE LEGAL DEFINITION OF RAPE SHOULD BE STANDARDIZED AS SHOULD RAPE VICTIM PROCEDURES, SO THAT RELIABLE EVIDENCE ABOUT SEXUAL OFFENSES CAN BE COLLECTED TO CONFIRM OPINIONS AND DISPEL MYTHS. YET, ALTHOUGH AUSTRALIA HAS A RANGE OF WRITTEN SUGGESTIONS AND PIECEMEAL REFORMS, THERE IS NO CONTINUING PROGRAM TO EVALUATE THEM. TO COMBAT RAPE IN THE COMMUNITY, AUSTRALIA NEEDS RELIABLE STATISTICS TO PROJECT ACTION FOR THE FUTURE AND TO DETECT CHANGING PATTERNS AND OFFENSE INCIDENCE. RAPE IS A SOCIAL PROBLEM DEMANDING A SOLUTION MORE COMPLEX THAN MERE LEGISLATION. FOOTNOTES ARE GIVEN.
Index Term(s): Australia; Laws and Statutes; Rape; State laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67297

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.