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Rape and Sexual Offences ,""'" If you have issues viewing or accessing this file contact us at NCJRS.gov. CA!- .r..,., I- " /o~/J -13 .. National Criminal Justice Reference Service 1982 (No. 84) 1-.-ncrrs'----~·(~- -~-- 1982 This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the1document quality. - , PARLIAMENT OF TASMANIA ""'1.0 [) Report No. 31 '''':J' (, II II::!:!: LA W REFORM.- COMMISSION '"'' 1.25 1111,1.4 111111.6 , , Report and l!ecommendations ! c· r-" MICROCOPY RESOLUTION TEST CHART ! - NATIONAL Ei'UREAU OF STANDARDS-1963-A "on ! - .. .! ; Rape and Sexual Offences . J -- ~; , Microfilming procedures used to create this fiche comply with the standards set forth in 41CFRI01-11.504~ Points. of view or opinions stated in this document are those of the author(s) and do not represent the official position or policies of the. U. S. Department of Justice. o fresented to both Houses of Parliament by His ~xcellency's Command National Institute of Justice United States Department of Justice Washington. D. C. 20531 By Authority: A. B, CAUDELL, G?vernment Printer, Tasmania ,,+ ,-"'. " " ,~._v_ -------" ~-~-- - ---- \~ • 1982 (No. 84) 3 LAW REFORM COMMISSION OF TASMANIA Report No. 31 , ' . .", ' ... REPORT AND RECOMMENDATIONS ON RAPE AND SEXUAL OFFENCES On the 30 October 1979 the Law Reform Commission was given a reference by the Attorney-General upon the malter of rape and crimes of a sexual nature. The terms of that reference are set out on page, .? of this the Thirty-First Report of the Commission. The twenty-four Recommendations of the Com~ission in respect of this reference are set out o~ pages 33-37. Signed for ,and on behalf of the Law Refollil Commission of Tasmania and by authority thereof. J. B. PIGGOTT, Chairmall' C. G. WOODHOUSE, Acting Deputy Chairman; and , ~. Acting Executive Director '" Dated thisJ/ ninth day 'Of'", December 1982. 'I, , . ~ "~, o " I..'" ' U.S. Department of Justice 90161 National Institute of Justice , " , '': This document has been reproduced exactly as received from the person or organization originating it Points of view or opinions stated in this document an" those of the authors and do not r.ecessarily represent the offfcial position or pOlicies of the National Institute of Justice. Permission to rep~oduce this copyrighted malerial has been \\ 0' ~. ,I' granted by '.. ',' Law Reform Gomm1.ss1.on c of Tasmania \ \. tQtne National Criminal Justice Reference Service (NCJRS). \ \ , \ " ' " ,,0 ) Further reproductiQn outside of the NCJRS system requires permis- .\.-'- .. sion of the copyright owner. (; " ''1:, ,c;:::;, l' C; 0 , MAY 13 1983' -1 A9QUISlTIONS --------- -----~~-----~- -~~-"---~- - 1982 (No.' 84) 5 CONTENTS (J Page Paragraph I. INTRQDUCTION .~... .... .... 7 1- 3 .. ~) ,: y. (l-. Terms of Reference 7 1 II., SUBSTANTIVE LAW- 7 4- 75 The Existing Law,..... , ••• 11 •••• .~.;o. ..... 7 4-10 !mmlJnity_ of Husbands .... •... ,... 9 11- 17 Imm.,!riiti&'Males Under 14 11 18- 21 Gender Neutrality .... 11 ..... 22- 24 Widening the Concept of Sexp,al Intercourse •... 12 25- 30 Restructuring Sexual Offences ..:. .... .. .. .... 13 31-'55 Consent ........................ "... 14 36- 49 Sexual Inter~urse and· Sexual Act ';;ith a Young. Person 17 50- 51 Defences' .... ,.... .... .... .... .... ..... .. .• ,,17 52- 53 Crll,nin1lI Responsibility of Victims .... .... ~. 17 ·54- 55 Restructuring other Sexual Offences' .•.• . •... 18 ·56- 73 . Unnatural Crinies nndlndecent Practices between Males 18 56- 61 'Defilement of Insaft ..::'.Persons and 'Defectives .... .... .. .. 19 62" 64 , procuration ........................................ 19 65 Procuring Defi1ement of a Woman by Threats, mtirirldatioriJ v) . Fraud or Administering Drugs, :.........~... ..... ~... 19 ' 66 Uillawful deten.tion in,aBrothel or with Iritentto Defi1e 19 67 .Encouraging Seduction .... ........ .... .., ..'. 20 68 " Custody orrpung Girls.iri Certain Cases ; om .... .... ..,. 20 69 Cerfain Offences to be Sex Neutral ...., .... ..:..... 20 70 Abduction ftom Motives of LUcre, and Withinte:ni to defile 20 71 . \ ~) ,III, tHE EVIDENTIARY LAW . 21 74-100 Prior Sexual Hi~tory ..... 21 76- ..85 " c>76_ 81·' The Common Law' .~ .. 21: The Existkg PQsition 21 82- '85 f) ,. Corroboration""': The Existing Position 23 86- 91 Complaint:-The Existing Position 25 92": 96 Unsworn Statements - Existing Law 26 97"..100 IV. PROCEDURAL MATTERS ...... 27 101-114 CompOSition of Juries 27 101-103 " The Committal Proceemngs .... , 27 104 ,,' IJ Hand-up'Brief Procedure 27 105-106 Puhlicity 28 107-109 " Place of Trial ".~' .... 28 110-111 Time'}imits ~... • ••• \Y •••• o ..... 29 112-114 , .' ~ /. V. TREATMENT OF VICTIMS 29 115-128 .\) The Police.... ,h' .... ...." .... 29 116 . Rape"or Sexual Assault Squads ... ';~ 29 117 Police Education ............ I,'I ., 29 "118-119 Code of Procedure .... t'.... • ... 3Q, 120-lf,1 z:~ Medicalan~ Community Fare .... .~,. ... ~ " .... 30 122-126 ~, " c;~ Sexual Assault Referral Centres 30 ;,0 .... 122-'-123 . Country Areas .... .... .. .. ' ....r·- .30 124-12.~ ~ Rape Crisis. Centres ..... 31 f26 . Financial' Compensat~?n ,.... .... 31 127.--128 \\ IiJ· D _"'-- ___ ---"_______ ____ =_______ ~ ~_ IJ ~ _.. - .- --- .~ ~-"-:,,::-.,-,,~,, r~<" I (No. 84) J~g2 1 1982 (No. 84) t\ 6 7 ,~ Page '~' RECOMMENDATIONS FOR REFORM OF THE LAW OF RAPE VI. SUMIIAARY OF RECOMMENDATIONS 31 i 1. Immunity of Husbands 31 .II I. INTRODUCTION 2. Immunity of Males Under 14 ' .... 31 TERMS OF REFERENCE 1. Gender Neutrality .~ .. 31 31 4. Definition of Sexual Intercourse i 1. On 30 October 1979, the Attorney-General referred the matter of rape and crimes of a sexual , 32 5. New Structure,of Offences nature to the Law Reform Commission with the following, terms pf reference:- 32 ,~, 6. Consent .................... 7. Sexual Intercourse and· Sexual Act with a Young Person 33 '(1) Generally, to investigate and consider the law relating to the crimes of Rape, Indecent Assault, and other crimes of a sexual nature, and attempts to commit such crimes,' and 8. Unnatural Crimes and Indecent Practices between Males .... 33 to recommend such changes (if any) as appear to be necessary. 9. Defilement of Insane PersonS and Defectives 33 Ci) In particular, to recommend whether or ~!)t it should be made ,~crime for Qne party to a ~ 33 10. Repeal of Certain Sexual Offences ... marriage to engage in sexual intercourse,and other sexual acts, within marriage, without II. Offences to be Sex Neutral 33 the consent of the other party to the marriage. ' " 12. Evidence of Victim's Prior Sexual History 33 (3) To recommend whether or not there should' be any variations in the maximum scale of 13., Corroboration .... ••• l ••• 1,. 34 punishments applicable to such ,crimes or attempts, and, if so, whether this should depend ., It Complaint .... .... 34 , on the severity of ,the violence or injuries suffered by the victim, oton other specific 15~~,,:P!!S:w<?rnStatements 34 grounds. 16~ Compo~Won Juries 34 (4) To make such recommendations, if any, a~\ may seem desirable to any of the rules of 17. Committal Proceedings 34 . evidence .Qr'rules of court. procedure relatiitg to the crime of Rape, or other crimes of a sexual nature, or attempts to commifthe same. , ~ , 18. :Publicity ", ... :' ... .r. .... , 34 19. Place of Trial 34 (5) To consider wiibther ailY"i:ecommendations; additional to those contained iIi the Law 20. Time Limits 34 Reform Commission' Report and RC?P_wnmendations for reducing harassment and 21. Police 35 embarrassment of colIlplaint~;.in Rape cas~s, are desirable in relation. to this reference. 22. Sexual Assault Referral Centres " , . 35 (6) Havingrega.~d to the Crimi~al Injuries Compens~~lon Act 1976, and the provisions of the 23. Medical Treatment for Victims in. Country Areas .... 35 Criminal Code, to consider the adequacy or otherwise of measures providing for financial restitution or compensation of victims of Rape or other crimes of a sexual nattireor 35 \) 24. FinanCiaICOJiip,ensation " , .... attempts to commit the same, and to make such recommendations as may seen desirabl,e Footnotes .... .... .... .... .... .... .... .... .... .... .•.• ; 36 and practicable in the circumstances. Appendix A - Quest'ionnaire .... .... .... .... ... ., " ,"" 38 Appendix B - Portions of Proposed Northern, Ten·~tory CriminaI. Code 42 In the consideration of the above reference due regard shall be given to the rights of the accused person as well as the rights offthe ViCti~.'" ' ' .' . (; ,:>2. The Commission con~r\dered that because ·of the controversial nature of the subject, and the lack pf uniformity of the commonf.' law and procedure, the matter required a balanced consensus of informed public opinion to be reached on a national' basis. Accordingly it was decided to plan a National'Rape Conference, and ~O}lWait its 6utcome before considering possible legislative changes. The Conference was k organised by the I Commissil)n iIi association with the Australian Institute of Criminology and the () Vn\yersity of Tasmania, and \as held from 28 ~o 30 May 1980 in Hobart:, " .. ,. ,~' ~ , ' ' 3." Follo'wing the publication of the Conference papers and ,resolutions' the Liw Reform Commission , ~. '.' '\ n \ "--' \\ I' organised the preparation and circulation of a working paper and questionnaire based upon the, II conference resolutions. The questionnaire and responses
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