The past two decades have seen a succession of reforms to sexual assault laws in all Australian jurisdictions. This book examines how effective these reforms have been in light of the fact that such changes challenge the ‚Äôtraditional‚Äô social norms of the legal system: male dominance, acceptability of male violence and women‚Äôs responsibility for male violence.
Has a better balance been struck between the rights of victims to protection, assistance and compensation and the rights of accused to a fair trial and preservation of the presumption of innocence? And what still remains to be done? These and many other questions are those explored by the contributors.
Table of Contents
The cultural context of rape and reform
Disputed truths: Australian reform of the sexual conduct elements of common law rape
Constructing lack of consent
The rules of recent complaint: Rape myths and the legal construction of the ‚Äúreasonable‚ÄĚ rape victim
‚ÄúYou should scrutinise her evidence with great care‚ÄĚ: Corroboration of women‚Äôs testimony about sexual assault
Rape victims on trial: Regulating the use and abuse of sexual history evidence
Terese Henning and Simon Bronitt
Tipping the scales in her favour: The need to protect counselling records in sexual assault trials
Rape in marriage: Has the license lapsed?
Heroines of fortitude
Pia van de Zandt
Sexual offence prosecutions: A barrister‚Äôs perspective
Character, credit, context: Women‚Äôs lives, judicial ‚Äúreality‚ÄĚ
Sentencing for rape
Compensating the sexually assaulted
Table of cases
Table of statutes