NCJ Number
44163
Date Published
1976
Length
85 pages
Annotation
RECOMMENDATIONS OF A COMMITTEE EMPOWERED TO STUDY RAPE LAWS IN AUSTRALIA ARE PRESENTED; CONSIDERATION IS GIVEN TO ALL ASPECTS OF RAPE AND SEXUAL OFFENSES.
Abstract
AREAS COVERED INCLUDE: INGREDIENTS OF RAPE; STATUTORY BORN. RESEARCHERS ARE AWARE OF THE VARIOUS FACTORS SUGGESTED CRIME OF SEXUAL ATTACK; EXTENSION OF RAPE TO COVER CHILDREN, RAPE BY BOYS UNDER 14, AND RAPE BY HUSBANDS; STATUTORY DEFINITION OF RAPE; USE OF THE WORDS 'UNLAWFUL CARNAL KNOWLEDGE;' AGE OF CONSENT; MENTALLY DEFECTIVE VICTIMS; ELEMENT OF INDECENCY IN INDECENT ASSAULT AND GROSS INDECENCY; INDECENT INTERFERENCE; INCEST; ABDUCTION AND PROCUREMENT; VICTIMS OF RAPE; EVIDENCE BY THE ACCUSED AT TRIAL; AND THE JURY. AMONG THE RECOMMENDATIONS ARE THAT THE TERM 'RAPE' SHOULD BE RETAINED RATHER THAN 'ASSAULT,' THAT A HUSBAND BE INDICTABLE FOR RAPE OF HIS WIFE WHEN THE ACT HAS BEEN COMMITTED WHILE THE COUPLE WAS LIVING APART, THAT SEXUAL INTERCOURSE WITH A CHILD UNDER THE AGE OF 12 BE PUNISHABLE BY THE SAME PENALTY AS RAPE, THAT THE AGE OF CONSENT BE SET AT 16 YEARS OF AGE (EXCEPT UNDER CERTAIN CIRCUMSTANCES), THAT THE OFFENSE OF INCEST BE ABOLISHED AND THAT PROSECUTION SHOULD BE FOR UNLAWFUL SEXUAL INTERCOURSE, THAT SPECIAL PROVISIONS AND TRAINING BE ADOPTED FOR TREATMENT OF RAPE VICTIMS, AND THAT IRRELEVANT FACTS ABOUT PRIOR SEXUAL EXPERIENCE OF RAPE VICTIMS BE INADMISSIBLE AT THE TRIAL. A LISTING OF ORGANIZATIONS AND INDIVIDUALS FURNISHING SUBMISSIONS TO THE SPECIAL REPORT AND TABLES CONTAINING STATISTICAL DATA ON RAPE AND SEXUAL OFFENSES ARE APPENDED. TABLES OF STATUTES AND CASES ARE ALSO INCLUDED.