Sexual Assault In Australia

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Sexual assault is a serious crime and a violation of basic human rights. It is an ongoing and controversial issue faced by women in society today, with notoriously low reporting and conviction rates. The NSW Rape Crisis Centre estimates a reporting rate of less than 15% and a conviction rate of about 1%.While there are many reasons for this, the ongoing gender bias faced by women from the judiciary and the often traumatic court process they must face are two major factors. Prevailing social attitudes and myths attached to sexual assault also act as significant barriers in silencing and deterring victims from reporting the crime to police and proceeding through the criminal justice system. Also, the court environment can compound the trauma…show more content…
It is of key importance yet before this year, there was no statutory definition of "consent" in New South Wales. Indeed, New South Wales is the only State without a statutory definition of "consent". The previous approach to consent was widely criticised on the basis that it allows an accused with an honest but unreasonable belief in consent to escape conviction. NSW now joins NT, WA, Queensland and Tasmania in an objective approach to consent which is defined simply as “free and voluntary agreement to sexual intercourse”. The Crimes Amendment (Consent—Sexual Assault Offences) Bill 2007 (NSW) labelled the “no means no” Bill changes the law of consent in sexual assault cases. It makes clear that being drunk or under the influence does not constitute consent and states that a person must have the capacity to consent. Defining consent ensures the courts cannot confuse consent with submission. This statutory definition is essential in giving sexual assault victims equal justice and in encouraging more women to report sexual assaults. This Bill delivers on a key long- term demand of women’s legal services, community groups, sexual assault victims groups and law reform groups to create an objective fault test for

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