Sexual Assault Law Reform

During the sasss -sasss significant integrity renew alonet againstes were initiated referable to a wish f Just outcomes for the dupe and a pretermit of support from society. Changes to ordinance admitd the broadening of the definition of informal assault, resulted in attention being taken a elbow room from the complainants personality traits and sexual history and shifted attention besides the accused behaviors. Further more it out ratified philosophyed the trans get alongion of Martial rapine entirely). This also helped to change victims sentiment in society, as breach victims were socially condemned because of their experiences.In spite of these significant changes sexual assault typefaces return the lowest personality of lilts verdicts and the highest coquette rate of any nuisance per capita (Australian ins papute of family studies) . This assessment allow firstly examine the condition in society, which led to the law clear up mechanism in the asss. Thes e purifys were amendments to the Crimes do work 1900. A illustration study get out high spot the condition, which led to these changes. Following will identify and evaluate yet significant amendments of the crimes travel and their changes to lawmaking.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 fair-mindedness to society and victims. Throughout the 19th and twentieth centuries, women were deemed as property of their father or husbands. Throughout this period sexual assault was bashn as rapine. Any form of rape was viewed as damaging or devaluing a mans property. This reflects a completely male dominate society, where as women be viewed as objects, instead of human beings.The heinous act of marital rape was not seen as a recognizable constitutive(a) offence and was not punishable, as men were ranted marital immunity and a right to sexually involve himself with his partner regardless. As Sir Matthew Hale, Chief arbiter, mid-17th century, England verbalize The husband cannot be guilty of rape committed by himself upon his true(a) wife, for by their mutual matrimonial take and contract the wife hath disposed up herself in this kind unto her husband, which she cannot retract. Hale 2014) Traditionally victims in motor inn were cross-examined using intimidation and humiliating techniques, degrading the victims integrity, twisting events and manipulating laws and precedents in baffle to disprove sexual offence allegations. Defendants in address were defend by highlighting that victims were asking to be sexually assaulted by salad dressing seductively or acting in a licentious manner, period also make references to their sexual history. It was also parking lotly believed, that if a victim failed to report the incident immediately, it was a false allegation.This indicates a lack of adjective fairness, as victims were not given the right of a fair trail, reflecting at a lower place the belt and unfair social values. Outcomes were influenced by sexual activity, instead of fact, contradicting an ethical and Just profound system. (Laughlin, Van De Catch, Mays, & Hunter, 2007). The ease of VGA v the Queen provides evidence of a case highlighting an ineffective Justice system before significant law reforms. The defendant (VGA) was charged in 2010 for the rape of his spouse in 1963.While in motor hotel, he argued that he could not be effectively prosecuted because Martial rape was not a recognized crime and did not exist in any form of legislation at the time. He also argued that if he was found guilty, it would break the doctrine against the retrospective application of laws. Prior to law reform, this evidence implies a weak court procedure and subsequent lack of just outcomes for the victim (B sensationy, 1985). On July 14th 1981, sparked by female advocacy, representing victims of gender i nequality, the NEWS government passed the Crime (Sexual rapine) Amendment act 1981.This amendment was a change to the Crimes Act 1900. The aims of the legislation were to make significant changes also flawed well-grounded system, for two society and victims. It was anticipated that the amendments would protect complainants from promote discrimination under the intelligent system fancy up the bit of assault reports and sentences speed up the process of Justice along with the conviction of Guilty partys, whilst maintaining the invitational rights of the accused and march as a platform for educating the community in changing their attitudes towards victims of sexual assault (Boney, 1985).The common law charge of Rape and attempted rape were revoked and replaced within three sections of sexual assault. They differed in seriousness and also direct of sentencing. The definition of sexual intercourse was broadened to include a larger intersect of sexual acts. The husband and you th under 14 immunity acts were revoked, making marital rape a recognized and punishable crime. The amendment also introduced legislation, which discredit a victims sexual history as sable evidence. (Boney, 1985) The crimes (Sexual Assault) Amendment Act 1981 are the most important part of sexual assault law reform history.It improved society opinion of victims and increased confidence to report assault.. Although it did raise the number of sexual assault being reported, if failed to critically increase the number of guilty verdicts. Less than fifty percent of the defendants appearing in court are sentenced as guilty (Boney, 1985) . In response to a series of brutal junto rapes in Sydney in 2001, the NEWS government introduced further changes to the Crimes act 1900. This was called the Crimes Amendment ( alter sexual assault in company) 2001.Aggravated sexual assault is define as sexual assault in circumstance of aggravation, inflicting grievous bodied hard, committing the offen ce while being in a group of people, slit the victim or the victim being under consensual be on or the victim have a serious physical or psychological disability, thus ruling out the possibility of willing consent. (NEWS Victims service Attorney general and Justice) This legislation was enacted for the purpose of discouraging gangs of predominantly males of committing gang rape.Gang rape is the act of a group of sexual assault offenders committing the act of sexual assault on one or more victims one after the other. It gave Judges a set emotional state sentence for the crime of gang rape, instead punishment as they see fit. The case below analyses the implications of a lack of a set sentence and the problems that arise (The step down Dictionary 2014) . In 2002 a series of gang rapes occurred throughout the metropolis of Sydney, lead by Muslim man, Bilabial air force.USAF and his accomplices were charged with multiple offences including worsen indecency, perverting the course o f Justice, aggravated sexual intercourse thou consent and aggravated indecent assault in company. Multiple victims suffered at the hands of USAF and his followers, some of these accomplices being his own relations (NEWS parliament library seek program) . USAF was originally sentenced to fifty-five years in Goal with no Parole. This sentence was later reduced to forty-six year after an appeal to the criminal court, to which e appealed again and was granted 26 years.The importance of this case is the sub judice comes that were raised which led to significant amendments. Some of these issues are as follows (HOC Legal studies topic). Due to a Jury misconduct during Safe court procedure, Safe case was retried. This caused a backlash in society due to negated taxpayer money, based on Safe need for legal aid. He demanded a Muslim lawyer, after claiming all white lawyers were racist. This reflects a waste of society resources (HOC Legal studies topic). In addition to this issue, there w as the emotional mental unsoundness from the victims of USAF at the thought of refining him in court.One victim quoted I wish they were dead, run over by a bus. The victim highlights the ineffectiveness and insensitivity of the legal system. The fact of a re-trial demonstrates natural Justice for the accused, but demonstrates unjust gaps for the victim (HOC Legal studies topic). Due to the re-trial in the case, a victim impact statement was necessary. The psychological and physical impact on the victim caused by Safe actions was substantial. The idea of victims refining their attackers more than at once highlight the inefficacy of the court system and the disregard to victims state of mind.For these reasons, a victim impact statement was introduced (HOC Legal studies topic). A significant issue raised, was the matter of the original entente. In his case, USAF was sentenced to fifty-five years for Gang- rape. This contradicts legal logic, as the sentence far outweighs the punishme nt for murder, which carries a sentence of xxv years. This encourages other sexual offenders to not only sexually assault their victims but to murder victims and dispose of incriminating evidence ( HOC Legal studies topic).Although in agate line to the previous point, Safe reduced sentence labels the legal system as flawed and weak. A Victim quoted The court system is riddled with flaws. Reports from the media have valued the continuation of Safe psychopathic behavior, in spite of receiving a life sentence. In 2003 the media obtained pictures of Safe goal cell, where he had drawn pictures of him sexually assaulting women. This further more let down society, as they believed the sentence was too lenient, and a waste of taxpayers money (HOC Legal studies topic).It was for these reasons the government introduced the Crimes Sexual Assault in Company Act . It gives Judges the power to condemn life sentences with no racial implications. It gave society and victims a stronger sense of sa tisfaction tit the fact of a set sentence for the crime. It benefits society in the way that their resources are being wasted on accused demands for legal aid, as it is difficult to battle for a reduced sentence. It assisted to neutralist the inconsistencies in the court systems that as evidence shows in the prior case are common ( HOC Legal studies topic).In 2007 the NEWS Government introduced the Crimes Amendment (Consent Sexual Assault Offences) Act 2007, which was an Amendment of the Crimes Act 1900. The legislation amended the legal definition of consent, and the finite requirements needed to follow up on in sexual behavior with another person. It also gave explicit examples where consent cannot be given (NEWS attorney and general) . The legislation redefined the statutory definition on consent and put emphasis on outlining when and when a victim whitethorn or may not have the ability to consent in sexual behaviors.The amendment stated that if a person is, heavily intoxicat ed with drugs or alcohol, unconscious, asleep, harassed or extorted to engage or forced from a position of power and authority, consent has legally not been given ( NEWS attorney and general). The legislation has also provided a significant change in court procedure. The reforms have made it so the responsibility of proving beyond reasonable disbelieve in regards to consent is now the task of the defendant. Prior to the law reform it was the job of the complainants prosecution.It has also served an educative purpose, in the way that it lets members of society know the correct procedures in assuring consent ( NEWS attorney and general). The legislation is balanced with both confirmative and negative factors. It is now the responsibility of the denial to prove there was consent, which in some cases can be adequately difficult, sometimes impossible to prove beyond reasonable doubt. This provides unbalance on the ground of Justice, as in some cases allegations are turn up to be fal se (NEWS attorney and general).The Consent (sexual offences) act provides Justice and fairness for victims, but also provides complications for defendants charged under false allegations. There is a mixture of both fair and unfair qualities in the legislation (NEWS attorney and general). In conclusion evidence provided regarding reforms, cases and legislation highlight he positive and negative qualities of Justice for victims, defendants and society as a whole. Fact suggests that the legal system struggles to satisfy society and victim simultaneously while belongings the conventional criminal rights and procedural for defendants intact.Facts from the cases have outlined the flaws in our legal system whether it is under common or stature law. In order to maximize the effectiveness of legal system and the conditions of our statuary law reforms, the humanity must be made more aware of the rules and regulations regarding sexual assault. thus and only then, will we have a Just and fai r society. References milage P, Dally K, Webster P, corn D, Kelly T (2009). Cambridge Legal Studies Preliminary Second variate London. Conventional and innovative Justice responses to sexual violence.