NCJ Number
74358
Date Published
1980
Length
11 pages
Annotation
Reforms and proposed reforms in substantive sexual offense legislation and in the rules of evidence of the Australian Capital Territory are discussed.
Abstract
The current definition of rape in the Capital Territory is the traditional common law form: intercourse by a man with a woman who is not his wife without the consent of that woman. The impetus for present reform proposals came from the Report of the Royal Commission on Human Relationships. One of the most significant recommendations in the report concerns the reform of substantive law relating to sexual offenses. Accordingly, the attorney-general has already approved and given effect to the following hierarchy of serious rape offenses: (1) rape cases involving the use of violence as the most serious offenses, (2) rape cases involving the threat of violence, (3) rape of an unconscious victim, and (4) rape involving a deceit or false pretense, the administration of liquor or drugs, or the impersonation of a woman's husband. In addition, the term 'sexual intercourse' is replaced by 'sexual penetration,' the defense of marital consent only applies to couples living together, and the presumption that boys under 14 are incapable of intercourse is abolished. With regard to the rules of evidence, the commission's most important recommendations, which have already been adopted by several Australian States, concern the cross-examination of victims as to prior sexual behavior and the requirement of complaint and the corroboration of the victim's evidence. Due to problems of legislation and the jurisdiction over Territories, it is unlikely that these important modifications to the rules of evidence will be accepted in the Capital Territory in the near future. The article includes 20 reference notes and footnotes. For related papers, see NCJ-74354.