NCJ Number
134013
Date Published
1991
Length
46 pages
Annotation
The Law Reform Commission of Victoria (Australia) submitted an interim report to the Attorney General with reference to the laws on rape.
Abstract
In terms of reform to substantive law, the report discusses the elements of rape and indecent assault to be included in a legislative statement: the definition of lack of consent; the mental element required to convict a rape defendant; jury instructions; the possible creation of an offense of negligent sexual penetration; the possible repeal of the aggravating circumstances provision; and the possible abolition of common law rape. Other substantive law issues considered by the Commission include the need for a legislative statement of general principles, the provision of a written summary of relevant legal issues to the jury, and the possible requirement for juries to give reasons for their verdicts. The only procedural issue discussed here involves alternative means of victim testimony including closed circuit television. A forthcoming supplementary report will address cross-examination and advocacy practices, crimes compensation in relation to sexual assault victims, and the implementation of the recommendations included in this interim report. A draft Crimes (Rape) bill is included. 1 appendix.