Ruining a Good Boy for the Sake of a Bad Girl: False Accusation Theory in Sexual Offences, and New South Wales Limitations Periods: Gone But Not Forgotten

• NCJ Number: 152613
• Journal: Current Issues in Criminal Justice Volume: 6 Issue: 1 Dated: (July 1994) Pages: 54-75
• Author(s): D J Boniface
• Date Published: 1994
• Length: 22 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia

Annotation

This paper explores the history of false accusation theory regarding the testimony of women in sexual assault cases in Australia.

Abstract

The discussion focuses the Crimes (Girls' Protection) Act 1910 section 2, which created a limitation period barring the prosecution of sexual assault offenses committed against females ages 14-16. It considers this law with respect to why elaborate protections for defendants accused of sex offenses were thought to be necessary. The analysis concludes that this historical explanation provides insight into why, in the 1990's, some members of the Australian judiciary still seem to give credit to the view that women's testimony in sexual assault cases is suspect. The limitation period of the 1910 law was allowed to survive in New South Wales until 1992. Jurisdictions that retain a similar provision must act immediately to abrogate it. Footnotes