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LI 6001 Cloy ROYAL COMMISSION ()N 14UMAN RELATIONSHIPS Final Report Volume 5 LI 6001 cloyL.a ROYAL COMMISSION ON HUMAN RELATIONSHIPS Final Report Volume 5 Contents of the report Introduction, summary and recommendations Part I in Volume I Education for human relationships Part I! in Volume 2 Health and medical education Part III in Volume 2 Sexuality and fertility Part IV in Volume 3 The family Part Yin Volume 4 Equality and discrimination Part VI in Volume 5 Rape and other sexual offences Part VII in Volume 5 ROYAL COMMISSION ON I-IIJMAN RELATIONSI-IIPS Final Report Volume 5 Part VI Equality and discrimination Part VII Rape and other sexual offences AUSTRALIAN GOVERNMENT PUBLISHING SERVICE CANBERRA 1977 © Commonwealth of Australia 1977 ISBN 0 642 03029 4 ISBN 0 642 02889 3 (series) Printed by C. J. THOMPSON, Acting Commonwealth Government Printer, Canberra ROYAL COMMISSION ON HUMAN RELATIONSHIPS 100 William Street Sydney 21 November 1977 Your Excellency, In accordance with Letters Patent, dated 21 August 1974, we have the honour to present to you the Final Report of the Royal Commission on Human Relationships, prepared as at April 1977. Elizabeth Evatt Felix Arnott Anne Deveson His Excellency The Right Honourable Sir John Kerr A.K., G.C.M.G., G.C.V.O., K.St.J., Q.C. Governor-General of Australia Government House Yarralumla Canberra, A.C.T. 2600 Commissioners Justice Elizabeth Evatt (Chairman) Dr Felix Arnott Anne Deveson Secretary Robert Hyslop Contents Discrimination in legislation 32 VI. Equality and discrimination Women's access to the law 33 Probate and estate duty 34 1. Introduction 1 Social security 36 Unemployment benefits 36 2. Equality for women Sickness benefits 37 Introduction 3 Age pension 37 How discrimination works 5 Training programs 37 Education 5 Marriage and economic dependence 38 How education discriminates Single women 39 against girls Conclusions 41 What can be done? Language 41 Conclusions The media 42 Employment 10 Women in public life 45 Forms of discrimination 10 Politics 45 Wage rates 11 Legal profession and judiciary 47 Workforce structure 11 Trade unions 48 Job advertisements 12 Statutory bodies 49 Recruitment and dismissal 12 Voluntary organisations 50 Vocational training 13 The cost of discrimination against 13 Superannuation women 50 Other benefits 14 The persistence of discrimination 51 Workplace attitudes 14 The movement for change 51 Promotion opportunities 15 Sweden 52 Lack of opportunities for The United States 53 employment 16 International conventions 53 Causes of discrimination 16 Maternity protection 54 Absenteeism and turnover 16 Equal pay 55 Conclusions 17 Equality of opportunity 56 The public service 18 Legislation and discrimination 58 Women and trade unions 20 State action 58 Participation by women 20 National action 59 Attitudes neglectful of women's Conclusion 60 interests 21 Trade union support 22 Opposition to part-time work 22 3. Prostitution 62 Migrants 23 Introduction 62 Issues 62 24 Action by and for women The question of legalisation 63 Conclusions 25 In favour 64 Child care 25 In opposition 64 Credit, goods and services 26 The law 66 Discrimination in insurance 28 Brothels 69 Sickness and accident 28 Conclusion 72 30 Life insurance Aboriginals 73 Leisure and recreation facilities 30 Introduction 73 Licensed premises 30 Race relations—bridging the gulf 74 Clubs 31 Education 0 75 Women and the law 32 Health 77 Legal documents 32 Alcohol 78 vii Family planning and contraceptive Research 112 services 78 Conclusions 113 Family and traditional life 79 7. Handicapped people 114 Tribal marriage 80 Introduction 114 Employment 81 Incidence 115 Pacific Islanders 81 Families with handicapped children 115 Welfare services 81 Services 117 Self-determination 82 Diagnosis and counselling 119 Conclusions 83 Conclusions 123 5. Migrants 84 Prevention 123 Introduction 84 Education 124 Communication 87 Conclusions 128 Migrant children and education 90 Family services and residential care 128 Learning English 92 Conclusions 131 Women and the family 93 Handicapped people and human Discrimination at work 96 relationships 131 6. Discrimination against homosexuals 98 Recommendations 132 Introduction 98 Definition of homosexuality 99 Annexe VI.A List of recent The medical definition 99 Commissions and Inquiries which The legal definition 99 have reported on Aboriginal issues 141 The causes of homosexuality 100 Medical opinions 100 Annexe VI.B Recognition of The law and homosexuality 102 Aboriginal tribal marriages 142 The Wolfenden report 102 Annexe VI.0 Extract from Cox and The WA report on homosexuality 104 Martin, Stress amongst migrant Recent reforms 105 women, Commission research report, Conclusion 107 no. 13, 1976 145 Examples of discrimination 107 Education about homosexuality 109 Annexe VI.D Summary of evidence Counselling services 111 by Professor C. Price, ANU, Adoption and marriage 112 Department of Demography 147 yin 8. Committal Proceedings 186 VII. Rape and other sexual offences 9. The procedure at rape trials 188 Legal representation for the victim? 188 Cross-examination of the victim on her prior sexual history 189 1. Introduction 159 Cross-examination of the accused Terminology 160 on his prior sexual history 193 The victim 160 Evidence of complaint by victim 194 The offender 160 Corroboration 195 Composition of court 196 161 2. Rape and society Publicity 197 Contributory or causative factors 161 Changing social patterns and 10. Sentencing in rape cases 199 values 162 The emphasis on stereotyped sex 11. Compensation to victims of rape roles 163 and other sexual assaults 202 Pornography 165 12. The need to redefine rape 204 Aggravating factors 166 The consent standard 204 205 3. Existing rape laws in Australia 168 The scope of the offence Rape between spouses 205 4. Rape statistics 169 Other forms of sexual abuse 206 Reported rape 169 The presumption relating to boys Australian statistics 169 under 14 206 New South Wales 170 General statistics 170 13. Attempted rape 207 Conviction rate in rape 170 14. Statutory rape and consent to Age of offender 171 sexual relations 208 Age of the victim 171 Age of consent 208 Marital status of offender 172 Male and female offenders and Educational level of offenders 172 victims 212 Country of origin of offenders 172 Reasonable belief in age 212 Multiple rape 172 Proceedings 212 Relationship between offender Indecent assault 213 and victim 173 Education and information 213 Level of violence 173 Distribution of rape 174 15. Sexual offences involving young Victoria 174 children 214 South Australia 175 Carnal knowledge of young Queensland 17.5 children 214 Other States and Territories 176 Indecent assault 214 Overseas statistics 176 Summary trial 215 Unreported rape 176 Protection of child victims 215 Child protection service 217 5. Police procedures in dealing with Child protection tribunal 217 rape complaints 178 Court procedures 219 219 6. Medical procedures for dealing Indictable offences 220 with rape victims 181 Summary offences Mental health 182 16. Sexual offences involving people Venereal disease 182 with mental incapacity 221 Pregnancy 182 Medico-legal aspects 182 17. Incest 222 Current law relating to incest 222 7. Rape crisis centres 184 Social aspects of incest 223 lx Interests protected by incest law 224 Recommendations 232 Issues for consideration 225 Incestuous relationships between Annexe VILA Extracts of relevant adults 225 portions of Crimes Act for each State Incestuous relationships with and Territory 237 minors 225 Procedures in cases of incest 226 Annexe VII.B Discussion of D.F.P. v. Morgan and its possible effects in 18. Restructuring laws relating to Australia 266 sexual offences 227 The grades of rape and other sexual Annexe VII.0 Extracts from Dr Paul offences 227 Wilson, The other side of rape, Corn- Point one 227 mission research report, no. 9, 1977 271 Point two 227 Annexe VII.D Sydney Rape Crisis Point three 228 Centre statistics 274 Point four 229 Point five 229 Annexe VILE Harbor General Point six 230 Hospital, message to house staff con- Point seven 230 rape 276 Point eight 230 Consent 230 Annexe VII.F Information for rape Miscellaneous provisions 231 victims 281 x 1. Introduction 1. 'What do you think?' was a question we put to the community at large early in our work of inquiry. We sought to get the public's reactions to the major social issues in Australia today, and the many aspects of male and female relationships. 2. Our evidence included allegations of discrimination against women, children, fathers, the aged, psychiatric patients, handicapped people, Aboriginals, South Pacific Islanders, migrants, country people and homosexuals. These categories of people are diverse: the property which they have in common is their claim that they should be treated like everybody else; alternatively that they need special treatment to set right some disadvantage. 3. The recurring concept in this evidence was to secure real 'equality': a social and political ideal of Australian society. 4. Social justice implies the principle of impartiality, which means that people should be treated equally unless there is a valid reason to treat them differently; that is, distinctions between people should be made only on the basis of pertinent criteria. Unfair discrimination occurs when a person or persons are disadvantaged or denied equality. 5. The essence of our consideration of equality and discrimination is to determine which criteria are apposite and which are not, and what can be done to remedy unfairness and inequality. 6. Discrimination is difficult to define because it is a value-laden concept and individuals or groups with differing value systems are likely to use the term in different ways. In today's usage, to be guilty of discrimination means giving unfair treatment at the personal level, being prejudiced or biased in assessing claims at the institutional level, and denying equality and social justice at the government level. 7. The main ways in which discrimination operates in so far as governments are con- cerned are by the application of law, legislation or regulation, and in social areas and activities such as employment, housing, income, security and welfare benefits.
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