NCJ Number
74367
Date Published
1980
Length
8 pages
Annotation
This article describes the difficulties involved in passing the reform of South Australian rape and sexual offense legislation from a feminist point of view.
Abstract
No attempt is made to deny the limitations of the legal reform, which also included provisions against spouse rape. The legislation must be seen as part of a comprehensive Government effort that encompasses the outlawing of sexual, racial, and marital discrimination and the removing of sexist content from school materials. Although the legal changes obtained considerable administrative support (e.g., the establishment of a rape crisis center and of a sexual assault clinic), the churches -- in particular Anglicans and Lutherans -- voiced strong opposition against the spouse rape provisions. The advocates of the provisions maintained that rape-in-marriage would be just as hard to prove as any other rape. Government advocates considered the passing of the law as an act of consciousness raising and stimulated public debate. They were encouraged by the number of women who came forward with personal testimony of sexual abuses by husbands. The complexities of the current South Australian rape-in-marriage provisions arose directly out of parliamentary pressures and procedures. The bill had already passed the Lower House and was about to pass the Upper House when three decisive votes of the opposition were diverted through church and partisan pressure. As a result, a modified, weaker version of the original law was passed. The article includes footnotes. For related papers, see NCJ 74354.