Bibliographies
Australian materials are indexed in the Australian Family and Society Abstracts Database and are available for loan from the ACSSA collection at the Australian Institute of Family Studies library. Online publications in PDF format require Adobe Acrobat Reader.
Law Reform and Policy
Australian publications
A
best practice model for the prosecution of complaints of sexual assault
by the NSW criminal justice system. (PDF 62K)
NSW Rape Crisis
Centre; Cossins, Anne.
Drummoyne, NSW: NSW Rape
Crisis Centre, 2007, 10p, Online
Reform of the
management of complaints of sexual assault in the NSW criminal justice
system is urgently needed. In particular, reporting rates and
convictions need to increase and the systemic retraumatisation of
complaints must be reduced. This report discusses: one stop units;
specialist sex offences courts and case management; law reform; police;
prevention; research, training, and interagencies; and funding and
resources.
A
Campaign to End the Sexual Assault of Women
by the State. (PDF 224K)
Sisters Inside Inc. South Brisbane,
2005, 16p
This is a rescource document for an Australia wide
campaign conducted by Sisters Inside, against the
strip-searching of women in prison. Information to
assist raising awareness of the issue in local communities
and to assist publicity and media strategies is provided.
A Fair Chance: Proposals for sexual assault
law reform in NSW
NSW Adult Sexual Assault Interagency
Committee
Sydney: NSW Adult Sexual Assault
Interagency Committee, 2004, 40p
This paper examines the
prosecution of sexual assault in NSW. It looks
at current legislation, the impact on victims and
options for reform as well as historical sexual
assault cases that took place when the adult victim
was a child. This study doesnot exhaustively identify
all legal issues relating to sexual assault in NSW.
A national disgrace: violence against women
and children in Indigenous communities.
Lawrence,
Carmen.
Aboriginal and Islander
Health Worker Journal v.30 no.5 Sept - Oct 2006: 29,
32-33
One of the
first acts of the current Government was to cut the
30 million dollars allocated for the Indigenous family
violence prevention programs; the money was lost as
a result of the massive cuts to Aboriginal and Torres
Strait Islander Commission (ATSIC) funding in 1996-1997.
The author argues that after a decade in office, with
numerous roundtables and COAG meetings and audits and
reports, the government still seems to have no idea
about what action should be taken to prevent and deal
with the violence and abuse. (Journal abstract, edited)
A
sex equality approach to sexual assault.
MacKinnon, C A
In: Practice and
prevention: contemporary issues in adult sexual assault
conference
Sydney, NSW: NSW Attorney-General's Department, Crime
Prevention Division, 2003, Online only
In this keynote
address the author analyses sexual assault as a sex
based violation, observing that although this is
self evident, such analysis is not what animates
the criminal justice approach. She also discusses
the possibility of sex in equality being taken seriously
by the criminal law and civil approaches to sexual
assault. She argues that human sexual aggression
is social and attitudinal rather than biological,
and she discusses sexual offenders and victims as
being socially constructed and gendered by society.
She argues that the meaning given to consent of choice,
mutuality and desire is a fiction and that unwanted
sex under conditions of inequality can look consensual.
She suggests that sex equality laws offer the possibility
of redistributing power.
Abolishing child sex tourism: Australia's contribution.
Brungs, M
Australian Journal of Human
Rights v.8 no.2 Dec 2002: 101-124, and Online
The author
examines Australia's position on child sex tourism: how effective its
legislation is and to what extent it is complying with international
obligations. She outlines some of the issues involved before discussing
international laws on child sex tourism and the relevant Australian
legislation, namely the Crimes (Child Sex Tourism) Amendment Act 1994.
She considers difficulties in implementing it, whether reform is
appropriate and whether this legislation has been successful. While she
believes that the Act has achieved its objectives, she identifies
problems in its operation and strategies that may overcome these.
Barriers to safety: proposed changes to the family law
system
Hume, Marie
Domestic Violence and Incest Resource Centre Newsletter no.2
winter edition 2005: 03-08
This article is an edited
version of a paper presented by the author at
DVIRC's recent forum on family law, commenting
on the government's recent draft legislation,
the 'family amendment(shared parental responsibility)
bill 2005'. The author argues that the government's
proposed changes to family law will make it more
difficult for women and children to achieve safety
from abuse.
Children giving evidence of sexual offences in criminal
proceedings: special measures in Australian States and
territories
Friedman, Nicky; Jones,
Margaret
Journal of Judicial Administration v.14
no.3 Feb 2005: 157-170
Australian legislative and
procedural measures that aim to make it easier for child complainants to
give evidence in sexual assault cases are discussed in this article. The
article looks at the following, explaining the differences between
Australian jurisdictions: restrictions on committal hearings; pre
recording of evidence; pre recorded statements as evidence in chief; pre
recording of entire evidence; closed circuit television; cross
examination of complainants by unrepresented accused; and other special
measures.
Court licensed abuse; patriarchal lore
and the legal response to intrafamilial sexual
abuse of children
Taylor,
S Caroline
New York, NY: Peter Lang, 2004, 312p
(New literacies and digital epistemologies v.11)
This book
is based on research that analyses transcripts of intrafamilial child
sexual abuse. It examines flaws in the adversarial legal system through
an analysis of the cross examination of child victims of sexual abuse and
presents arguments on how law and psychiatry silence and blame victims of sexual assault. Six trials are studied as textual case studies from a
critical, feminist point of view. Trials are seen to enact a narrative
template that maintains a patriarchal status quo around intrafamilial
child sexual abuse.
Crimes
Amendment (Sexual Offences) Bill 2003.
Talina Drabsch (2003)
NSW Parliament Briefing Paper, Online.
Current issues in the prosecution of
sexual assault.
Cowdery, Nicholas AM QC
University of New South Wales Law
Journal Forum v.11 no.1 Aug 2005: 2-5
In the face of the 'epidemic of sexual abuse in
the community' this article provides an overview of
current issues in the prosecution of sexual assault
in New South Wales, looking at factors such as time
of allegation, treatment of victims, warnings and rules
of evidence. A list of issues flagged by Justice Wood
in his paper in 2003 'Sexual Assault and the Admission
of Evidence' is listed.
Dereliction: women,
rape and football.
Philadelphoff-Puren, Nina
Australian
Feminist Law Journal v.21 Dec 2004: 35-51
In the last
year, there have been numerous sexual assault
allegations against Australian footballers, yet
not one case has been brought to trial. This article
asks: why is it so difficult for women to signify
as credible witnesses in sexual assault crimes,
particularly when the accused is a footballer?
It suggests that the symbolic organisation of sport
and sexual difference in the national Australian
imaginary automatically extinguishes the
possibility of women testifying to rape against
sportsmen. The article discusses sexual citizenship,
relations between men, rape complainants in the
national imaginary, and relations between women.
DNA identification and rape victims.
Gans, Jeremy
University of New South
Wales Law Journal Forum v.11 no.1 Aug 2005: 17-24
This
paper explains how DNA identification works in Australian criminal
justice and the impact of it's regulation on rape victims. The gathering
of tissue samples, ways DNA profiles can be used by investigators and
non-victim samples found on victims' bodies are outlined. Inattention by
victims groups to issues surrounding DNA identification it is argued,
doesnot serve the interests of rape victims.
Expert
psychological evidence in child sexual abuse trials
in New Zealand. (Word 132K)
Blackwell, Suzanne.
In: Children and the Courts Conference: papers.
Canberra, ACT: National Judicial College of Australia,
Australian National University, 2005, 20p, Online
Sections 23C to 23I,
relating to rules in cases involving child complainants,
were inserted into New Zealand's Evidence Act in
1990. These reforms allowed for the use of videotaped
child interviews, the use of CCTV or screens, judicial
directions about special aspects of sexual abuse
cases and expert evidence. This paper explores the
following controversies surrounding the reforms:
that distressed or disordered behaviours in children
are
viewed by some as indicators of sexual abuse; the
use of the terminology territory of the 'ultimate
issue' rule; whether expert evidence in such cases
reaches the threshold for expert evidence; and variability
in determination of what constitutes 'common knowledge'.
It examines the current use of s23G and law reform
proposals and presents results of a study on jurors'
knowledge and beliefs about child sexual abuse. The
paper argues that expert evidence in child sexual
abuse trials is necessary.
Family violence and sexual assault: aspects of a
new report in Victoria on law reform.
Morrison,
Zoe.
Aware: Australian Centre for the Study
of Sexual Assault Newsletter no.13 Dec 2006: 6-8,
Online
In
2006, the Victorian Law Reform Commission released
its final report on the legal response to family
violence in Victoria, to address concerns that the
intervention order system was not providing sufficient
protection for victims of family violence. This article
outlines the report's main recommendations and summarises
what the report says about sexual assault by family
members.
Good law or bad lore? The efficacy of criminal injuries
compensation schemes for victims of sexual abuse: a new model of sexual
assault provisions.
Forster,
Christine.
University of Western Australia Law
Review v.32 no.2 Dec 2005: 264-297
An effective avenue of
compensatory redress for victims of sexual abuse can provide therapeutic,
economic and symbolic benefits. This article looks at current
compensation options for Australian victims of sexual abuse and proposes
a new model. It discusses sexual abuse and the legal system; benefits of
an effective compensatory avenue; the emergence of criminal injuries
compensation schemes; failures of the schemes for victims of sexual
assault, including the requirement for a crime, reliance on convictions,
reasonable reporting clauses and time limitations, related acts clauses,
and statutory categories of injuries and the harms typically suffered;
the United Kingdom, New South Wales, Victorian and Queensland models; and
recommendations for a model with specific sexual assault provisions, with
multiple levels of award for child and adult victims, which is primarily
victim centred rather than offence based, with an expansive definition of
injury, and that does not require proof of injury.
Improving
responses to allegations involving sexual assault.
(PDF 437K)
Victoria. Ombudsman
Melbourne, Vic: Ombudsman Victoria, 2006, 53p (Parliamentary
paper no.118), and Online
The conclusions of an enquiry into the response of government agencies
in Victoria to allegations of sexual assault are presented in this publication.
The report discusses the reporting of incidents of
sexual assault,
terminology, information sharing and privacy, systemic
issues for people from
culturally and linguistically diverse groups, protection
against sexual
assault, providing a safe environment, female only
residential options,
relocation of persons following a sexual assault,
child protection, interagency liaison, Indigenous
people, workforce issues, agency employees accused
of sexual assault, vetting of employees working with
people vulnerable to
sexual assault, specialist workers and multi disciplinary
teams, police
investigation processes, police communication, evidence
gathering, Independent Third Persons, withdrawn complaints,
non authorisation of briefs, community education
about sexual assault, and the role of the media.
The report makes
recommendations in response to these findings.
Innovations in the court system. (PDF 309K)
Freiberg,
Arie
In: Crime in Australia:
International Connections Conference, Melbourne, November
2004. Canberra, ACT: Australian Institute of Criminology,
2004, 19p, Online only
The development of problem-oriented and specialised
jurisdictions or courts such as drug courts, domestic violence courts,
mental health courts, indigenous courts, circle sentencing, community
courts, homelessness courts, teen courts and others, marks an important
development in the court system. This paper explores the growth of these
courts in Australia, their theoretical underpinnings and their progress
to date. It also discusses two mechanisms by which problem- oriented
justice can be further developed, if that is what is decided: to create
more specialised courts, either to encompass more problems or to provide
more courts in places that they do not currently operate; or to insert or
integrate a problem-solving orientation into the mainstream criminal
justice system. The development of problem-solving courts in the United
States is also briefly reviewed.
Judging rape: public attitudes and sentencing.
Clark,
Haley.
Aware: Australian Centre for the Study of
Sexual Assault Newsletter no.14 Jun 2007: 17-25, and Online
This article discusses public attitudes towards sexual assault,
sentencing, perceptions of seriousness and the influence of myths and
stereotypes. Public concerns surrounding perceived leniency of sentences
for sexual offenders are presented together with an overview of recent
developments in sentencing policy around Australia and statistics on
current sentencing practice. Attitudes towards sexual assault and the
role that rape myths play in judgments of offence seriousness and
sentencing are then considered. Finally, a small study that the author
conducted in 2002 which examined the extent to which rape myths may
influence evaluations of rape seriousness and sentencing is presented.
(Author abstract, edited)
Justice beyond borders: a comparison of Australian and U.S.
child-sex tourism laws.
Breckenridge, Karen
D.
Pacific Rim Law and Policy Journal v.13 no.2
Apr 2004: 405-438
The US Prosecutorial Remedies and Other
Tools to End the Exploitation of Children Today Act (2003) (the PROTECT
Act) and Australia's Crimes (Child Sex Tourism) Amendment Act allow for
the prosecution of child sex tourists and child sex tour organisers based
on sexual offences committed abroad. This article discusses the global
problem and consequences of child sex tourism, the prevalence of child
and futility of US sex tourism legislation, and the encouraging
introduction of the PROTECT Act. It argues that the Australian CST Act
highlights the limitations of the PROTECT Act and discusses the limited
success of the Australian legislation. The article then makes
recommendations for the successful prevention of child sex tourism.
Lawyers from the firm Maurice Blackburn Cashman have
established a specialist Sexual Assault Unit:
service profile.
Waller,
Vivian.
Aware: Australian Centre for the Study of
Sexual Assault Newsletter no.6 Apr 2005: 24-26, and Online
This article profiles the "Sexual Assault Unit" at
the law firm Maurice Blackburn Cashman, with an interview
with Vivian Waller, the manager of the Unit. The Unit
is the first of its kind in Australia dedicated to
helping victims of sexual and physical assault make
a civil claim for financial compensation against the
person who abused them.
Making
rights a reality: the human rights approach
to stopping violence against women.
Fergus,
Lara
Aware: Australian Centre for the Study of
Sexual Assault Newsletter no.4 Oct 2004: 5-16, and Online
This article examines
some of the historic and contemporary debates surrounding
women's human rights. Women's rights activists have
effectively challenged and expanded traditional interpretations
of human rights, which has affected the development
of Amnesty International's own approach to the human
rights of women. The development of this approach from
its beginnings to the recently launched Stop Violence
Against Women campaign is briefly traced in this article.
One of the basic tenets, and great strengths, of the
campaign is the "due diligence approach", by which
governments and other authorities are held responsible
for upholding women's human rights. The last section
of this article specifically examines the applications
of the due diligence approach to sexual assault. (Journal
abstract)
Male
survivors of sexual assault and rape.
Crome,
Sarah.
Melbourne, Vic: Australian
Centre for the Study of Sexual Assault, Australian
Institute of Family Studies, 2006, 8p, table (ACSSA
wrap no.2), and Online
The sexual abuse
of males is underrepresented in sexual abuse literature,
statistics and programs. Current research about male
survivors of sexual assault and rape is summarised
in this paper. The paper discusses definitions, theoretical
perspectives, reporting, prevalence and incidence reports,
victim characteristics and risk factors, impact on
survivors, treatment options, policy initiatives, and
service responses and limitations.
Matters outside the Uniform Evidence Acts.
Australian Law Reform Commission; New South Wales. Law Reform
Commission; Victorian Law Reform Commission.
In:
Uniform evidence law: report. Sydney, NSW: Australian Law Reform
Commission, 2005 (ALRC report no.102), p679-698, and Online
This inquiry considered whether a number of evidentiary provisions
contained in federal, state and territory legislation should be
incorporated into the uniform Evidence Acts. This chapter looks at: the
rape shield provisions contained in state and territory legislation;
concerns about the rape shield laws; their relationship with the uniform
Evidence Acts; provisions dealing with child witnesses; evidence in
family law proceedings; evidence and the paramountcy principle; and the
Children's Cases Program.
Pilot study on
sexual assault and related offences in the ACT: stage 3.
Borzycki, Maria.
Canberra, ACT:
Australian Institute of Criminology, 2007 (Research and public policy
no.79), 54p, Online
It can be very difficult for agencies
that share clients but do not share information management systems to
track information about clients. This research investigated how readily
justice data relating to sexual assault and related incidents in the
Australian Capital Territory could be tracked from first report of an
offence to police, through the courts, and to corrections agencies. It
demonstrates the difficulties of the process and ways these difficulties
might be managed if data sharing is introduced. The report summarises
the tracked data to provide an overview of sexual assaults in the ACT in
2004-05.
Playing by the rules - off the field
Lumby, Catharine
University of New South
Wales Law Journal Forum v.11 no.1 Aug 2005: 41-42
This
article looks at Rugby League football and attitudes, media perceptions
and images of rape and sexual assault in the sport. Masculine cultural
beliefs about the inevitability of some men offending are discussed,
along side a refusal by some sectors in the sport to have faith in
education and mentoring as a preventative measure.
Prosecuting
sexual assault: the complexities and
difficulties.(PDF
225K)
Cunneen, Margaret
In: Crime in Australia: International
Connections Conference, Melbourne, November
2004. Canberra, ACT: Australian Institute
of Criminology, 2004, 8p, Online only
Over recent years the
complexity of sexual assault trials has been increased by developments in
three areas, which are the subject of discussion in this paper:
multiplicity of offences, complainants and accused; better
investigations; and directions and warnings - a list is provided of the
range of matters which must be taken into account before a jury may
retire to consider its verdict.
Putting
violence against women back into public
policy: an update. (PDF 200K)
Iyer, Mythiley; Bradley, Lisa; Brown,
Kerry
Australian Domestic and
Family Violence Clearinghouse Newsletter no.21 April
2005: 5-3, figure, and Online (PDF 200K whole issue)
This
article argues that violence against women as an issue
of public policy at both Federal and State government
levels may be in decline. This development mirrors
the overall decline in women's policy development in
general. Interveiws with women working in government
positions relating to violence against women policy
will be conducted to explore this issue further.
Recidivism
of sex offenders research paper. (PDF 705K)
Gelb,
Karen.
Melbourne, Vic: Sentencing
Advisory Council, 2007, 52p, tables, figures, and Online
The research paper focuses on recidivism of sex offenders
and is designed to provide background information to
a further discussion paper examining current legal
responses in Victoria and other jurisdictions to high-risk
offenders. The research paper examines the most recent
evidence about whether sex offenders do indeed pose
the danger to the community that they are often perceived
as posing, discussing the tension between community
protection and legal principles. Although they are
the least common form of sexual assault, sexual offences
committed by strangers have been the priority for policy-makers
over the years, despite the fact that most sexual offences
are committed by ordinary men in the context of everyday
relationships. Statistics are provided on the incidence
and prevalence of sexual offences in Victoria, and on the
nature and costs of sexual offending. The literature
is reviewed to determine what is known about sex offenders
and their crimes and to clarify the evidence on levels
of recidivism among sex offenders. A brief overview
of treatment programs and their efficacy is provided,
with a final discussion of the implications of the
research evidence for current policy and prevention
programs.
Reconceptualising domestic violence:
a history of the Howard Government's approach.
Webster,
Amy.
DVIRC Quarterly no.3
Spring 2006: 14-18
The
Howard government has downplayed the role of gender
in domestic violence. This article discusses
the incompatibility between the conservative
neo liberal ideology of the Howard government
and a structural or feminist approach
to domestic violence, the crusade against
political correctness, downsizing women's
advocacy mechanisms within government,
the rise of men's rights groups, a focus
on the impact of violence on the family, re
emphasising the intergenerational transmission
of violence, and depicting violence as unAustralian.
Regarding children
Rayner, M
Eureka Street v.12 no.3 Apr 2002: 28-29
It has been suggested that the Federal
government establish a Royal Commission to examine
child sexual abuse issues. This paper argues
that while a Royal Commission might help publicise
the issue of child sexual abuse, it would not
be an effective way to address the problem, and
would serve as a distraction from the more important
issue of establishing and defending the rights
of children. The author argues that the government
should instead provide a Children's Rights Commissioner.
Citing the Office of the Children's Rights Commissioner
for London as an example, she suggests that this
would be an effective way of addressing child
sexual abuse by monitoring what the government
does, being accessible to children, working independently
of government yet being integral to its decision
making, advising on laws and policies, and focusing
public attention on the state of children.
Repeat sexual victimisation among an offender
sample: implications for pathways and prevention.
Mazerolle, Paul; Legosz, Margot; Miceski, Elena; Sanderson,
Jennifer.
In: France, A. and Homel, R. eds.
Pathways and crime prevention: theory, policy and practice. Cullompton,
Devon, UK: Willan Publishing, 2007, p146-171
Using data
from a study of adults serving non custodial sentences in Queensland,
this chapter explores the effects of sexual victimisation on offenders.
High levels of sexual victimisation were found among this group,
particularly among women, and a high degree of continuity of
victimisation from childhood to adulthood. After controlling for
individual and lifestyle factors, the analysis shows that child sexual
abuse directly affects the risk of adult sexual victimisation. This
relationship is not mediated through alcohol and drug abuse and
relationship problems, although these factors proved salient predictors
of sexual victimisation. The major implications for prevention are
discussed; that is, to reduce the incidence of childhood sexual
victimisation and to address the mental health and lifestyle factors that
increase the risk of re victimisation for adults.
Researching
family violence. (PDF 774K)
Winter, Rosmarie.
Hobart,
Tas: Tasmanian Institute of Law Enforcement Studies,
University of Tasmania, 2005, 12p, tables (TILES briefing
paper no.2), and Online
New family violence legislation was announced in Tasmania in 2005. This
paper summarises the changes and the recent research on family violence.
The Safe at Home initiative promotes a pro arrest, pro prosecution and
pro interventionist approach to family violence and enables victims to
access an expanded range of services. The paper looks at the following
aspects of Safe at home: the expansion of the use of risk assessment
screening tools; reporting issues; mandatory reporting; and risk and
surveillance.
Respect
and Responsibility - Creating a safe and inclusive
environment for women at all levels of Australian
Football. (PDF 400K)
Demetriou, Andrew
Melbourne, Vic: Australian Football League,
2005, 15p
This AFL policy was developed in conjunction
with the Victorian Government’s Statewide Committee to Reduce Sexual Assault and Office of Women’s
Policy. The AFL Commission, with the support
of the 16 AFL Clubs, adopted this policy to
address the issues of sexual harassment, sexual
discrimination and violence towards women. In
light of the significant health impacts of violence
perpetrated against women, a special partnership
was established with VicHealth to implement
this policy strategy. This policy will be written
into AFL rules to require compliance by everyone
bound by the rules without diminishing in any
way the ultimate responsibility of every individual
to behave in an appropriate manner in accordance
with the laws of the land. This policy is based
on recommendations by a Working Group established
by the AFL in June, 2004 after allegations of
sexual assault were made against AFL footballers.
Responding to sexual assault: the challenge of change
(Sexual Assault Response Program Report). (PDF
1.1M)
Office of the Director of
Public Prosecutions (ACT) and Australian Federal Police
Canberra, ACT: Publishing Services for the
Director of Public Prosecutions, 2005, 288p and Online
This report exmaines the possibilities for change in criminal justice responses to
sexual assault in the ACT. It makes a number of recommendations across
the range of levels in legal process, including court practices, victim
support, technology, training, jury directions and rules of evidence.
Responding
to sexual assault: the way forward. (PDF
1.1M)
New South Wales. Attorney General's Department. Criminal
Justice Sexual Offences Taskforce
Sydney, NSW: Criminal Law Review Division, Attorney
General's Department NSW, 2005, 192p, and Online
The Criminal Justice Sexual Offence Taskforce
was formed to examine issues
surrounding sexual assault in the community and the
prosecution of such
matters within the criminal justice system. The Taskforce
was to advise the
NSW Attorney General on ways to improve the responsiveness
of the criminal
justice system to victims of sexual assault, while
ensuring the accused person
receives a fair trial. Recommendations came as a
result of examining:
attrition in sexual offences; the need for improving
provision of services pre
trial; the law of consent; evidence and procedure;
tendency and coincidence
evidence; jury directions in sexual assault trials;
evidence of children;
disability and aged care issues; and specialist courts,
dedicated courts and
case listings.
Review
of Family Violence Laws: consultation paper.
Victorian Law Reform Commission
Melbourne, Victoria: Victorian Law Reform Commission, Final
report, 2004, 288p, notes and references
The Victorian
Law Reform Commission review the Crimes(Family Violence) Act 1987. This
consultation paper is intended to inform the community of the nature and
scope of this inquiry, to outline concerns and problems with the
intervantion order system and to invite community comment to inform a
final recommendation to the Victorian Government.
Review
of South Australian rape and sexual assault law:
discussion paper. (PDF
1.88M)
Chapman, Liesl.
Adelaide, SA: Review of SA Rape and Sexual
Assault Law, Attorney-General's Office, 2006, 136p,
Online
The discussion paper addresses the terms of reference
relating to rape and sexual assault law. Its role is
to encourage discussion in relation to the rape and
sexual assault laws in South Australia with a view
to possible reform of some of those laws, with comment
to be submitted by 14 June 2006. The terms of reference
on which the government is seeking comment are as follows:
a) The treatment of complainants of sexual offences
in the criminal justice system, including their experience
of investigative, prosecution and trial procedures
and changes to legislation and/or administrative arrangements
that would enhance their treatment; b) The elements
of sexual offences, the joinder and severance of charges
of sexual offences, and the admissibility of evidence
(including similar fact and hearsay evidence) in sexual
cases; c) Judicial directions to juries in trials of
sexual offences, including whether they should be put
in a statutory form that reflects contemporary community
standards; d) Police authority to remove an alleged
perpetrator of domestic violence from the family member's
home to prevent ongoing abuse; e) Escalating sanctions
against perpetrators of domestic violence orders; and
f) Whether there is a need for a community-based public
awareness program on domestic violence laws and the
legal boundaries of sexual behaviour. Policy and practice
in other jurisdictions is discussed.
Role
and membership of the NIC and Shared Responsibility
Agreements as they relate to family violence prevention.
(PDF 52K)
Aird,
Wesley.
In: Men, women and community: partners:
2006 Indigenous Family Violence Prevention Forum.
Mackay, Qld: Queensland Centre for Domestic and
Family Violence Research, 2006, 10p, Online
The Australian Government has committed to a whole
of government approach to tackling family violence
in Indigenous communities. This paper describes
the response of the Australian Government to the
issue of family violence within Indigenous communities.
It outlines the new arrangements for the administration
of Indigenous affairs and discusses the role of
the National Indigenous Council, an advisory body
to Government. It provides case examples that aim
to demonstrate how Shared Responsibility Agreements
can address Indigenous family violence.
Sentencing snapshot: sentencing trends for rape
in Victoria. (PDF 194K)
Sentencing Advisory Council (Victoria).
Melbourne, Vic: Sentencing Advisory Council,
2005, 5p, figures, table (Sentencing snapshot no.7),
Online
Sentencing outcomes for the offence of rape, and details of the age and
gender of persons sentenced for rape in the Supreme and County Courts of
Victoria between 1999 - 2000 and 2003 - 04 are summarised. The report
includes data on the number of men sentenced and the proportion that
received a custodial sentence, sentence types, principal sentences of
imprisonment and total effective sentences of imprisonment, non parole
periods, age of offender and compensation for victims.
Sex offenders in a risk society: setting
limits on freedom.
Edney,
Richard.
Law Institute Journal v.80 no.10 Oct 2006:
53-55
Victoria's Serious Sex Offenders Monitoring Act provides
for the control of particular classes of offenders
in an effort to reduce risk. This article explains
the objective and application of the legislation. It
looks at determining an application for an Extended
Supervision Order, conditions of the order, and implications
of the legislation.
Sexual assault.
Loughman, Janet; Van
de Zandt, Pia; Saw, Lee-May; Hunter, Yasmin.
Sydney, NSW: Legal Information Access Centre,
State Library of New South Wales, 2006, 28p,
figure (Hot topics no.56)
The
following legal issues as they relate to sexual assault
are summarised: myths about sexual assault; sexual
offences; consent; forensic issues in sexual assault;
significant events in the development of sexual assault
laws in New South Wales; court process; specialist
courts; sexual offenders; and support for victims.
Sexual
assault and restorative justice
Daly, K
In: Strang, H. and Braithwaite, J. eds. Restorative
justice and family violence. Cambridge, UK:
Cambridge University Press, 2002, p62-88
The author investigates
the possibilities of delivering justice in
an unequal society by using conventional or
alternative practices. She states the need for the
crime of rape to be met with sufficient seriousness
and for the victim to be vindicated. Some solutions
she suggests to this problem are: to make 'retribution'
part of restorative justice; to redefine the harm
of rape and other forms of gendered harm; and to
be aware of the different ways in which sexual and
family' violence are thought of. Although restorative
justice is not intended to bring retribution, she
argues that its purpose should be more for vindicating
the victims than rehabilitating the offenders, and
that it should aim to understand the bodies and emotions
of victims. She presents some South Australian
case studies of sexual assault complaints that
included the use of conferencing in the legal process.
Sexual assault manual.
Judicial College
of Victoria.
Melbourne, Vic:
Judicial College of Victoria, 2007, Online only
This
online-only manual is designed to assist judicial officers,
legal practitioners and court staff and inform the
general community about the investigation, prosecution
and sentencing in respect of sexual offences within
the Victorian criminal justice system. It is written
in plain English with a particular emphasis on explaining
how the criminal justice system actually works when
dealing with the investigation and prosecution of sexual
offenders and sentencing in respect of sexual offences.
The manual provides an overview of how a complaint
about a sexual offence progresses through the criminal
justice system and explains the legal procedures and
the substantive law.
Sexual assault procedures change.
Victorian Law Reform Commission.
Law
Institute Journal v.80 no.12 Dec 2006: 84
The Victorian
government has recently implemented several recommendations made by the
Victorian Law Reform Commission for legislative reform in the area of
sexual assault. These include improved police responses, improved court
efficiency, training for prosecutors and judges, and prevention programs
within the Department of Justice and Department of Human Services.
Sexual
offences: interim report.
Victorian Law Reform Commission
Melbourne,
Vic: Victorian Law Reform Commission, 2003,
421p, tables, figures and Online
This report describes the current Victorian
sexual offence laws and recent changes to
these laws. It also makes recommendations
for legislative, procedural and administrative
reform. It discusses rates of reported sexual
offences and the resulting prosecution outcomes,
police responses, the responsiveness of the
criminal justice system, the stress of giving
evidence, the needs of children, rape and
the meaning of consent, and changes to other
sexual offences.
Sexual
offences: final report.
Victorian Law Reform Commission
Melbourne, Vic: Victorian Law Reform Commission,
2004, 208p, ill. and Online
The reference to the Victorian Law Reform Commission
in April 2001 was to review current legislative provisions relating to
sexual offences to determine whether legislative, administrative or
procedural changes are necessary to ensure the criminal justice system is
responsive to the needs of complainants in sexual offence cases; and to
develop and/or coordinate the delivery of educational programs which may
be necessary to ensure the effectiveness of existing and proposed
legislative, administrative and procedural reforms. This discussion paper
provides the background to the reference and identifies the approach to
be taken; outlines previous reforms to sexual offences laws and to police
and court processes; outlines what is known about the incidence and the
reporting of sexual offences and the complainants against whom they are
committed; explains how sexual offences are dealt with under the criminal
justice system; discusses the outcome of rape trials; examines the
substantive criminal law on sexual offences in Victoria, including sexual
offences committed against children and people with impaired mental
functioning; discusses the rules of evidence and other procedural matters
relating to the prosecution and trial of sexual offence cases in
Victoria; and considers modifications of, or alternatives to, the trial
process.
Sexual violence on trial: assisting
women complainants in the courtroom.
McDonald, Elisabeth.
Women's Studies Journal v.19 no.2 Spring
2005: 107-130
Reforms that may improve the experience of women
discusses the current evidential and prosecutorial
rules, privacy issues, witness questioning rules,
sexual history evidence, recent complaint evidence,
corroboration, the role of the judge, and the role
of prosecuting counsel. It considers further reform
options within the current adversarial process, some
of which are proposed in the 2005 Evidence Bill:
alternative ways of giving evidence and the provision
of support persons; witness questioning rules; sexual
history evidence; recent complaint evidence; evidence
of character and credibility; use of narrative evidence;
and legal representation for complainants. Reform
options for structural and systemic change include
separate specialised courts to deal with sexual offences;
incorporating the advantages of an inquisitorial
model; and restorative justice.
Sharing the care: the new parental
responsibility and child support regimes.
Nicholes,
Sally.
Law Institute Journal v.80 no.10
Oct 2006: 34-39
Issues resulting from the introduction of
the Family Law Amendment (Shared Parental
Responsibility) Act that legal practitioners
need to bring to the attention of their clients
are outlined. The article covers parenting
orders made prior to July 2006, applications pending
after July 2006, new applications for parenting orders,
family dispute resolution, time spent with child, child
abuse or family violence, the court's role in conducting
child related proceedings, relocation, the Hague Convention,
property cases, families and children of same sex couples,
Re Patrick, Re Mark and the child support regime.
South Australian domestic violence laws: discussion
and options for reform. (PDF 1.6K)
Pyke, Maurine.
Adelaide, SA: Attorney-General's Department,
2007, 142p, Online
As part of a whole of government policy
initiative called 'Our Commitment to Women's Safety in South Australia'
the South Australian Government announced in 2005 an overhaul of its
rape, sexual assault and domestic violence laws. This paper explains the
domestic violence restraining order process developed during 2006,
presents proposals for a domestic violence prevention strategy, outlines
legislation and legislative proposals in other Australian jurisdictions,
together with relevant court decisions and research into domestic
violence prevention policy and domestic violence law, law enforcement and
processes. It seeks the views and comments of people affected by these
laws.
Speaking for themselves: voices of young
people involved in commercial sexual activity
Hanley,
Nancy
South Melbourne, Vic:
Child Wise, 2004, 106p, tables
The purpose
of The Speaking for Themselves research project was
to give a voice to young people involved in commercial
sexual activity in Melbourne. This report considers
the context of young people's commercial sexual activity
in Australia, explains the study methodology and
discusses the following findings: at what age the
participants began sex work; how and why the participants
started commercial sexual activity; education; leaving
home and state care; drugs and sex work; the impacts
of sex work on young people; supports available for
young street sex workers; supports favoured by participants;
participants' views on possible support services;
early intervention; and the future. The report also
contains a response from service providers and recommendations
for service provision and policy direction.
Specialist
domestic/family violence courts within the Australian
context. (PDF 236K)
Stewart, Julie
Kensington, NSW: Australian Domestic and Family Violence
Clearinghouse, University of New South Wales, 2005, 23p (Issues paper no.
10) and Online
This paper describes the emergence of
domestic violence courts in Australia at the time of writing and outlines
theoretical and other issues identified in the literature which have lead
to the establishment of domestic violence courts. Caution is recommended
in the development of specialist domestic violence courts so as not to
soften the perception of the legal response to perpetrators of domestic
violence. system may be the way forward.
Sport and the law: sex and the team player: when a team
becomes a gang
Kift, Sally
Alternative Law Journal v.30 no.3 Jun 2005: 136-137,
145
The sexual assault scandals of Australian football in
2004 and 2005 are discussed in this article in relation to male sporting
celebrity culture and the sexual mistreatment of women. The article asks
what is so difficult for these men about complying with minimal standards
of acceptable off field behaviour. It discusses the role of power,
dominance and ritual humiliation in many male sports.
Stolen generations victory in the Victims
Compensation Tribunal
Goodstone, A
Indigenous Law Bulletin v.5 no.22 Jan - Feb 2003: 10-11
Reviewing the recent compensation award of $35,000 to an
Aboriginal woman of the stolen generation, the author examines the way in
which the claim for compensation on the grounds of sexual assault and
psychological harm was presented to the Victims Compensation Tribunal.
This case has important implications as a test case for compensating
Aboriginal people in the absence of a formal stolen generations
reparations tribunal.
Support groups for people affected
by family violence - a key element of a coordinated
response
Southwell,
Jenni
Melbourne, Vic: Domestic Violence & Incest
Resource Centre (DVIRC), 1st ed., 2004, 47p.
This report
describes a broader view that the Victorian Government can take in it's
approach to family violence. The critical role of support groups for
victims of violence in providing safety, empowerment and for mental
health is emphasised.
Taskforce
for action on violence within families: the first report. (PDF 855K)
New
Zealand. Ministry of Social Development.
Wellington, NZ: Ministry of Social Development,
2006, 34p, Online
The taskforce
for action on violence within families was established
in June 2005 to advise the Family Violence Ministerial
Team on how to: make improvements to the way family
violence is addressed; and prevent family violence
in New Zealand. The initial program of action will
focus on leadership, changing attitudes and behaviour,
ensuring safety and accountability, and offer effective
support services. The next program of action will
have a strong focus on prevention as well as intervention.
These plans are detailed in this report.
The attrition of sexual
offences from the New South Wales
criminal justice system. (PDF 264K)
Fitzgerald,
Jacqueline.
Sydney, NSW: NSW
Bureau of Crime Statistics and Research, 2006, 12p,
tables, figures (Crime and justice bulletin no.92),
and Online
Approximately 10
per cent of the 7,000 sexual or indecent assault incidents reported to
New South Wales Police each year result in a court conviction. This
bulletin examines the reasons for such a small proportion of cases being
prosecuted, and for the low rate of conviction among those defendants who
do go to court. It suggests that cases could be strengthened at the
investigation stage, in terms of evidence gathering and victim support,
which would increase the prospect of a successful conviction.
The
common sense of jurors vs the wisdom of the law: judicial
directions and warnings in sexual
assault trials.
Boniface, Dorne
University
of New South Wales Law Journal Forum v.11 no.1 Aug
2005: 11-16
Less
attention has been given in recent years to how the
growth of judicial directions and warnings to juries
impacts sexual assault trials. This article explores
whether formulaic warnings to juries demands in the
form of the judicial directions and warnings in sexual
assault trials is emerging.
The disappearing 'f' word: feminism and Australian
government violence against women policies?
Costello,
Mayet.
Women Against Violence no.17 2004 - 2005:
41-50
This paper explores evidence of a shift in national
policy direction in sexual assault and domestic violence
away from feminism and asks whether feminism has any
contemporary relevance in this area. This is explored
predominantly by comparing and contrasting key national
male violence against women government policies and
responses focusing on the previous federal Labor Government's
National strategy on violence against women, and the
Coalition Government's Partnerships against domestic
violence and National initiative to combat sexual
assault.
The future of national clearinghouses:
domestic violence and sexual assault
Mulroney, Jane; Heenan,
Melanie
Domestic Violence and Incest Resource
Centre Newsletter no.1 Autumn 2005: 15-20
An overview of
two national clearinghouses, the Domestic and Family Violence
Clearinghouse and the Australian Centre for the Study of Sexual Assault,
is provided in this article. A campaign was run prior to the federal
budget 2005 to try to ensure continuing funding for these services. A
brief summary at the end of the article outlines federal budget 2005
outcomes for the future of these two institutions. (Journal abstract,
edited)
The
impact of pre-recorded video and closed circuit television testimony by
adult sexual assault complaintants on jury decision-making: an
experimental study.
Taylor, Natalie; Joudo,
Jacqueline.
Canberra, ACT: Australian Institute
of Criminology, 2005, 108p, figures, tables (Research and public policy
series no.68), and Online
Findings from a mock sexual
assault jury trial conducted in 2005 are presented
in this report. The study investigated juror decisions
and perceptions of various modes of
adult sexual assault complainant testimony: via closed
circuit television (CCTV), pre recorded videotape
or face to face in the courtroom. The impact of emotional
versus neutral complainant testimony was also examined.
The report explains the methodology and discusses
the following: the use of CCTV and pre recorded video
in evidence; prior research on the manner in which
testimony is presented in the courtroom; overall factors
influencing juror perceptions; perceptions of jurors
immediately following trial but before jury deliberation;
jury verdicts and jury processes; post jury deliberation;
factors that influenced beliefs about the guilt of
the accused; and insights obtained from juror comments
and feedback.
The
importance of victim credibility in prosecuting adult
sexual assault cases.
Australian Institute of
Criminology
Canberra, ACT: Australian
Institute of Criminology, 2005, 1p (Crime facts info
no.91), Online
The victim's credibility, relating to the victim's
personality and other aspects of the victim's role in giving evidence
influences the prosecutor's decision to proceed with an adult sexual
assault case. This fact sheet sets out victim related factors likely to
be considered by the prosecution in deciding whether or not to
prosecute.
The
law and sexual offences against adults in Australia.
Heath,
Mary
Issues: Australian Centre for the Study of
Sexual Assault no.4 June 2005: 1-47, and Online
This paper
outlines those laws of evidence that have had significant impacts upon
procedures in sexual offence trials and on victim-complainants'
experiences in court. It provides an accessible introduction to the
current status of the laws governing penetrative sexual offences in each
Australian state and territory jurisdiction to allow sexual assault
workers, counsellors and victim-complainants to understand more readily
the relevant criminal law in their particular state.
The specialist child sexual assault jurisdiction.
Ellis, Roy
University of New South
Wales Law Journal Forum v.11 no.1 Aug 2005: 8-10
His
honerable judge Roy Ellis, reviews past and present child sexual assault
jurisdiction and legal procedure in NSW. The system used in the pilot
scheme provides a more equitable system for child complainants or
witnesses to give evidence, though not without it's faults.
Thoughts on recidivism and rehabilitation
of rapists.
Lievore, Denise
University of New South Wales Law Journal Forum v.11 no.1 Aug
2005: 29-32
It is difficult to ascertain the prevalence of
sex offending in the community and even less is know about recidivism
rates. It cannot be assumed that most sex offenders released who are not
reconvicted are undetected repeat offenders. Evidence suggests that most
sex offenders are not at risk of sexual recidivism, though identification
of those that are is necessary and risk assessment of sex offenders
should be a core practice within correctional systems.
Time for change.
Carr,
Joanna.
Alternative Law Journal
v.31 no.3 Sept 2006: 167-168
A recent
review of Victoria's Crimes (Family Violence) Act found
that the civil protection order system often fails
to offer protection to women and children who have
experienced family violence. This article summarises
the issues in the review and the recommendations for
change made by the Victorian Law Reform Commission,
which has taken a human rights based approach.
Trafficking in women for sexual exploitation.
Fergus,
Lara
Briefing: Australian Centre
for the Study of Sexual Assault no.5 June 2005: 1-42,
and Online
Trafficking in human beings is large-scale and growing.
It is a human rights abuse as well as a crime crossing
international, national and regional jurisdictions.
Trafficking is used for a wide variety of purposes,
such as domestic, agricultural or sweatshop labour,
marriage and prostitution. Australia is a destination
country for victims of trafficking, and evidence
suggests the majority are women trafficked into debt-bonded
prostitution. Recent years have seen many changes
in international and national responses to, and legislation
on, trafficking in persons. In this paper we review
some of the theoretical approaches to trafficking
for the purposes of sexual exploitation, as well
as examine the current legislative, policy and service
responses. We aim to provide an overview of recent
developments and navigate the varied and often opposing
modes of analysis surrounding the issue. Overall,
ACSSA intends this paper to serve as an informative
resource for services, policy makers and researchers
on the subject of trafficking in women for sexual
exploitation in Australia.
Violence against Aboriginal women: reconstitution of
community law: the way forward.
Atkinson, Judy.
Indigenous Law Bulletin v.6 no.27 May 2007: 13-17 and
Online.
This paper highlights
how the implementation of the Australian criminal justice
system and the fracturing of Aboriginal customary law
has impacted upon Aboriginal women and girls. The appalling
statistics of rape, child sexual abuse, violence, and
homicide, and stories of legal discrimination and deaths
in custody, underlie the need for legal and social
reforms that incorporate Aboriginal social control
mechanisms and women's voices rather than relying on
the unsuccessful Western practices of prisons, white
male policemen, and inappropriate laws.
Warnings
in sexual offences cases relating to delay
in complaint. (PDF 120K)
Henning, Terese.
Hobart, Tas: Tasmania Law Reform Institute,
2005, 25p, (Issues paper no.8), Online
This issues paper discusses
reforming the law in relation to the warnings and
directions given to juries relating to delay in complaint
in sexual offence cases. It firstly outlines current
law, and the two categories of common law directions
or warnings, namely the Longman warning and Crofts
direction. It then discusses the problems arising
from these warnings and the need for reform before
outlining options or reform and inviting submissions.
Women's experience of crime and safety
in Victoria 2002
Gordon, C; Turner, N; Dussuyer, I; Knight,
R
Melbourne, Vic: Crime Prevention Victoria, 2002,
16p, figures
Many more women than men are the victims of
family violence, sexual assault, sexual harassment and stalking. This
report provides statistics on the incidence of crime against women, the
effects this violence has, and what is being done in Victoria to address
the issue. The report looks at women as victims of homicide, sexual
assault, robbery, assault, family violence, stalking, violence and
misconduct in the workplace, missing persons, and property crime, and
women as offenders. A discussion then follows which considers many of the
above crimes as well as cultural diversity and other overarching issues
related to crime against women.
Women's safety strategy: a policy framework
Victoria. Office of Women's Policy
Melbourne, Vic: Office of Women's Policy, 2002, 76p
One in three Victorian women experiences some form of violence in
adulthood. This book outlines the Bracks Government policy on women's
safety, designed to reduce the level of violence against women and
women's fear of violence. The single policy framework operates across
many portfolios; the key areas are crime prevention, community care,
disability services, regional health and aged care. The document
considers - What is violence against women?; addresses the following
forms of violence against women including definitions - family violence,
sexual assault, violence in public places, stalking, workplace violence
and bullying, sexual harassment, racial and religious violence against
women, trafficking in women and girls, female genital mutilation; and
asks why does violence against women occur and how does it impact on
Victorians?
You
don't know what you've got 'til it's gone: a tribute
to Victoria's Family Violence Networkers.
Geddes,
Virginia.
DVIRC Quarterly no.2 Winter 2006:
23-26
The Family Violence Community Networkers aimed to
work at a grass roots level to improve communication between agencies and
help identify service gaps and implement government policies. Funding
for the Networkers finished at the end of June 2006. This article pays
tribute to the Networkers' dedication and creativity in working towards
the prevention of violence. It also discusses the Victorian Government's
new integrated response and questions whether the reformed system will
build on the lessons learned. (Journal abstract, edited)
International publications
No
Easy Answers: Sex Offender Laws in the
United States
Human Rights Watch September 2007
This is the
first comprehensive study of US sex offender
policies, their public safety impact, and
the effect they have on former offenders
and their families.
Regulating
intimacy: judicial discourse in cases of wife assault
(1970 to 2000)
Crocker, Diane
Violence against Women; Vol. 11, no. 4, Apr. 2005,
pp. 197-226
This article describes the findings of research into
judicial decision making in Ontario courts in cases
of intimate violence against women. Judges are condemning
the violence, issuing relatively harsh sentences, and
arguing that the intimate context of the violence is
an aggravating factor. The analysis also reveals that
judges often rely on stereotypes and traditional notions
of marriage, family, and femininity. As records of
decisions, the documents suggest a high level of understanding
that wife abuse is a crime. As judicial discourse,
they reveal how the justice system regulates intimate
relationships and how traditional ideologies persist
despite the harsh sentences.
Predicting wife assault : A critical review
and implications for policy and practice
Hilton, N Zoe & Harris, Grant T
Trauma, Violence, & Abuse; Vol. 6, no.1, Jan. 2005,
pp. 3-23
In this review, the authors examine the research evidence for the
prediction of wife assault recidivism, lethal wife assault, and wife
assault onset. They also review and present original data on the effect of
treatment attendance on wife assault risk. Violence does not always become
a stable habit, and variables associated with wife assault onset do not
necessarily predict recidivism. General antisociality, psychopathy,
substance abuse, and a history of assault and psychological abuse in the
relationship are the most promising predictors of recidivism. Formal risk
assessments, and victims' predictions, have demonstrated value in
predicting recidivism. The authors review existing assessments for wife
assault onset and recidivism and explain the relative merits of actuarial
tools and structured clinical assessments. Because of statistical and
practical limitations to predicting lethal assault, they recommend using
an actuarial assessment of wife assault risk, plus attention to the
strongest correlates of lethal assault when lethality is a concern.