RECOMMENDATIONS OF THE ROYAL COMMISSION ON HUMAN RELATIONSHIPS CONCERNING SEXUAL OFFENSES - AUSTRALIA (FROM CRIME AND THE FAMILY - PROCEEDINGS..., 1979 - SEE NCJ-64534)

• NCJ Number: 64535
• Author(s): J MATHEWS
• Date Published: 1979
• Length: 6 pages
• Corporate Author: Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

THIS AUSTRALIAN REPORT REVIEWS THE RECOMMENDATIONS OF THE ROYAL COMMISSION ON HUMAN RELATIONSHIPS PERTAINING TO THE OFFENSE OF RAPE, STATUTORY RAPE, SEXUAL OFFENSES INVOLVING CHILDREN, AND INCEST.

Abstract

ASPECTS OF THESE OFFENSES WHICH ARE LIKELY TO BE PARTICULARLY RELEVANT TO THE FAMILY ARE EMPHASIZED. ACCORDING TO THE COMMISSION, RAPE SHOULD BE TREATED BOTH SOCIALLY AND LEGALLY AS A VIOLENT ASSAULTIVE ACT RATHER THAN AS A SEXUAL ACT. TO ACHIEVE SENTENCING PARITY, THE PRESENT OFFENSE OF RAPE SHOULD BE SUBSTITUTED BY A SERIES OF OFFENSES GRADUATED ACCORDING TO SEVERITY. THE CONCEPT OF CONSENT AND RAPE WITHIN MARRIAGE ARE TWO FACTORS CONTRIBUTING TO THE COMPLEXITY OF THIS OFFENSE. REGARDING STATUTORY RAPE, THE COMMISSION FELT THAT THE AGE OF CONSENT SHOULD BE SET AT 15 YEARS, ENABLING YOUNG PEOPLE TO MAKE DECISIONS AS TO THEIR OWN SEXUALITY WITHOUT INVOKING THE SANCTIONS OF CRIMINAL LAW. IN SEXUAL OFFENCES INVOLVING CHILDREN, THE PROVISION WAS MADE FOR THE AUTOMATIC INVOLVEMENT OF A SOCIAL AGENCY IN ALL REPORTED CASES. ALL POSSIBLE STEPS SHOULD BE TAKEN TO REDUCE THE POTENTIALLY HARMFUL EFFECTS ON THE CHILD VICTIM. EXISTING AUSTRALIAN INCEST LAWS DISCRIMINATE AGAINST MEN AND SHOULD BE REVISED. ALL SEXUAL BEHAVIOR WITHIN THE FAMILY INVOLVING A PERSON UNDER 18 YEARS SHOULD BE PROSCRIBED. ON THE GROUNDS OF INSUFFICIENT JUSTIFICATION, THE COMMISSION RECOMMENDED AGAINST THE INTERVENTION OF CRIMINAL LAW INTO ADULT INCESTUOUS BEHAVIOR, INCLUDING HOMOSEXUAL ACTS. THE COMMISSION'S REPORT HAS GIVEN RISE TO MUCH DISCUSSION, BUT FEW OF THE RECOMMENDATIONS HAVE BEEN IMPLEMENTED. (MRK)