As a result, increasing pressure has been placed on the CJS to rectify this issue, with emphasis on responding to needs of victims of sexual assault. This has been demonstrated through a myriad of law reforms that have been introduced over the past 40 years (Powell, Henry & Flynn, 2015), first exemplified through the Victims of Offences Act in 1987, followed by the Victims Right Act 2002. Such legislation imposes specific agencies provide information, support and assistance to victims of sexual assault, whilst also providing victims with the opportunity to express their stories through victim impact statements. (Jordan et al., 2009). Despite many reforms, however, many have failed to be effective or have been poorly implemented (Horvath et …show more content…
Implement a clear definition of what sexual abuse and consent includes to current law.
2. Implement rape prevention education into community services, education, health promotion and research to address social norms regarding gender, sexuality and violence, to change attitudes supportive of sexual violence.
3. Jurisdictions in place which limit the ability of defence lawyers to present evidence of a rape’s victims previous sexual history
a. Reframing investigations so attention is taken away from victims' behaviour and rather targets the behaviour of perpetrator
4. Implementation of a statutory time limit in the response to sexual assault to reduce re-victimisation over long periods of time
5. Include a provision for complainant witnesses in sexual violence cases to pre-record their cross-examination evidence in a hearing prior to trial.
6. Operate specialist courts which deal solely to sexual assault cases
a. Implement first as a pilot in district courts throughout NZ, to be evaluated after a couple of years as to whether a sexual violence court should be legislated across the country
b. Specialist judges and lawyers, trained specifically to address complexities or sensitivities that arise from sexual
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The Crimes Act 1961 doesn’t define what constitutes consent but rather lists circumstances that don’t signify consent. This, therefore, is problematic as it limits consensual sex to a blurred set of guidelines.
OPTIONS:
This report proposes legislative amendments to current law on sexual violence by creating clearer definitions of what sexual abuse includes, as well as adding a definition of consent to expand the knowledge and understandings of what sexual abuse entails.
2. RAPE MYTHS AND STEREOTYPES:
Another contributor which inhibits reporting is false stereotypes and “the real rape myth” held in society about those who rape, those who are raped and the settings in which they occur (Carmody, 1984). These myths are enduring and represent generalisations at odds with factual evidence. The dominant discourse for these stereotypes are understood to be unexpected attacks, committed by strangers, involving weapons and documented injury, in open spaces (Kelly, Lovett & Regan,
Saunders states that Rape Shield laws are in place to protect victims of sexual assaults and rapes during a criminal trial. They prevent defendants to bring fourth evidence of the victim’s sexual history, orientation or past relationships (Saunders, 2014). Rape can be a very emotional and embarrassing ordeal; it’s very private and personal and can be hard to deal with for years to come. As with many victims of crime especially sexual offenses there are advantages and disadvantages to each new law that is implemented. This paper is designed to analyze the advantages and disadvantage of the Rape Shield Laws.
Rape is a virus that infects every nation, culture and society. It is constantly referred to as “the unfinished murder”, because of the deep state of despair the rapist leaves the victim in. There is no common identifiable trend that determines who will be a rape victim. Women are not assaulted because of their attitudes or actions, they are attacked simply because they are present. With rapists, just as with their victims, there is no identifiable trend. The old myth that only “sick, dirty, old, perverted men” commit rapes is a lie that society tells itself in order to sleep better at night. The startling truth is that most rapists work under a veil of normalcy. In order for the percentage of rapes to decrease, we have to change our ideas about rape and let go of the old myths of the past. And until this happens, rape will continue to plague our world at large.
The trial of 19 year old Owen Laurie has brought into light the alarming rate in which Sexual assault is rising. The issue that rages on in Colleges is said to be making its way to high schools and primary school. In a study conducted by the Centers for Disease Control and Prevention: Division of Violence Prevention, 19% of Undergraduate women experienced
Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.
Gender is predominating in the criminal justice system and sexual assault exemplifies the contrast found between the traditional and non-traditional justice systems employed over time. Sexual assault poses a social threat to all aspects of community, spreading insecurity in 43400 victims across Australia and 13300 victims in NSW alone as indicated in the recent Australian Bureau of Statistics Crime Victimisation Report. (ABS 2011, p. 40) There has also been an increase of sexual assault by 51% since 1995 with an average of 4% every year. (ABS 2010) Another major issue within the boundaries of sexual assault is that it holds one...
Successes and Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of public concern over the adequate protection of their children and the proliferation of paedophilia. The abnormally low conviction rate for rape as well as socio-criminal phenomena like 'date-rape' or the effect of immigration on acceptable sexual practices were yet more facets of a many-handed debate about how the law should respond to a changing world. Understanding these issues is central to finding the coherent thread upon which different changes in the Act attempt to hang.
Sexual assault is the act of sexual intercourse without consent of the other person according to the New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31). It has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting the individual on the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of the community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010).
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Feminist Criminology, 7(2), 146-162. Kinder-Matthews, J. & Co., Ltd. (1994) The 'Standard' of the 'St Working with female sexual abusers. (pp. 57-67). The 'Secondary' of the Miccio & Fonseca, L.C. a.
Barristers' Perspectives on Rape and the Sexual Offences Act 2003 - (2010) 174 JPN 47
The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) will significantly improve protection for children and families at risk of violence and abuse. The amendments were made to the previous Act of 2006 to help people within the family law system to better understand violence and abuse and ensure it is reported and responded to more effectively. Relevant research will be assessed to provide background information on reforms of the Family Law Act, and how these changes have helped lead to the Amendment Act of 2011. This essay will evaluate the changes that were made in 2011 and whether these changes have led to improving the protection for children and families at risk of violence and abuse.
Statutory rape laws are valuable in protecting the rights of minors. Possibly, if the laws were revamped to suit the changing attitudes’ of modern society, the law would be more effective. In place of worrying about the misinterpreted claims of statutory rape, prosecutors can focus on the more crucial cases. With more defined modern guidelines, society would be aware of the laws regarding statutory rape and some more pleased. Statutory rape laws are no longer used to prohibit teenagers from having sex. Instead, the regulations are to make certain that the teenagers who are having sexual intercourse are not unknowingly being emotionally forced into it by their significantly older partner’s power. Ideally, statutory rape laws can only improved the lives of teenagers.
It is not a topic that is brought up often, especially at schools or at gatherings, yet it is crucial that everyone be educated, or at least informed on a topic that affects women every day. “Given that sexual violence continues to occur at high rates in the United States, it is vital that we understand attitudes and cultural norms that serve to minimize or foster tolerance of sexual violence” (Aosved, 481). Growing rates of sexual violence goes to prove that it is not taken seriously by many, especially when myths excuse the actions of the perpetrator and instead guilt victims into thinking they are responsible for the horrible act. Burt (1980), in her article titled, “Cultural myths and support for rape” attempts to make sense of the importance of stereotypes and myths, defined as prejudicial, stereotypes, or false beliefs about rape, rape victims and rapists- in creating a climate hostile to rape victims (Burt, 217). Examples of rape myths are such sayings as “only bad girls get raped”; “women ask for it”; “women cry rape” (Burt, 217). This only goes to prove that rape myths against women always blame and make it seem like it is the women’s fault she was raped and that she deserved it for “acting” a certain way. McMahon (2007), in her article titled, “Understanding community-specific rape myths” explains how Lonsway and Fitzgerald (1994) later described rape myths as “attitudes and beliefs that are generally
Inertwined with rape myths, are subsequent rape scripts. As Ryan (2011) and Clay-Warner and McMahon-Howard (2009) showed, depending what script is prevalent or dominant, reporting rates and overall acknowledgement can be greatly affected. Our understanding of what constitutes a rape or sexual assault needs to significantly change otherwise countless victims will remained silenced. If the understanding of these crimes was broadened, and the acquaintance scenarios taken more seriously, more victims would come forward, report, and get the help they may desperately need, in addition to aiding the legal system in punishing the offender and improve society’s population.
Problems With Rape Trials * It is proposed to replace the current s.38 of the Crimes Act