NCJ Number
102996
Date Published
1986
Length
59 pages
Annotation
The law relating to sexual offenses in Victoria, Australia, is reviewed, and recommendations for reform are presented.
Abstract
At present, the law of rape is a mixture of common and statutory law. Under common law, rape required vaginal penetration without the woman's consent and under circumstances in which the man knew the woman was not consenting or believed there was a possibility of nonconsent. Under the 1980 Crime Act, the definition of rape was enlarged to include penetration of the anus or mouth of a male or female by the penis or other object. The present law suffers from both problems of principal relating to the types of offenses involving nonconsensual sexual behavior and practical problems related to the administration of justice. Consequently, it is recommended that other types of nonconsensual penetration, such as cunnilingus, be included. In addition, the element of consent should be statutorily defined, and the terminology should be changed from rape to sexual assault. Finally, the aggravating circumstances provisions of the Crime Act are difficult to interpret and apply and therefore should be altered. The major reforms would thereby reduce sexual assault offenses to two: those involving penetration and nonpenetration offenses.