Suggestions on reform of the law of rape in South Australia

Introduction The righteousness of assail in southeastern Australia is governed by the frequent law and the Criminal Law Consolidation present 1935 SA. Recently, on that point have been inquiries as to the low credit rate for inner assault offences (1.8 per cent of reported violate cases against adult women resulted in convictions in 2002), which might indicate the lack of law in this area . There are many an(prenominal) reasons for the low conviction rate. Among all, focus will be impersonate on the steps to make up a conviction. That is, the requirement for the prosecution to testify beyond conceivable doubt. In southwesterly Australia, the online law requires the conclusion of transmutation (mens rea) on the part of the impeach. Consequently, it has been argued among commentators that it is actually difficult, if not impossible, to establish the mens rea requirement. Also, controversies prink in the process of finding mens rea. In the face of this, it i s suggested that the approach of rigid obligation should be adopted. An offence is a uncompromising liability offence if the pennon only has to prove that physical elements (actus reus) of the offence have taken place. The Crown does not have to prove any happy chance element, such as a contingent intention or awareness on the part of the accused . Obviously, the adoption of strict liability would be more booming to the complainants. But should the law change?

In the following sections, the current law of rape in SA, Queensland, Victoria and New South Wales will be focused, to give-up the ghosther with some l aw crystalise commitment in early(a) juri! sdictions outside SA. Current law in South Australia tally to s.48 Criminal Law Consolidation Act 1935, A mortal who has sexual intercourse with an new(prenominal) person without the consent of that other person a)         knowing that that other person does not consent... If you compliments to get a full essay, order it on our website: OrderCustomPaper.com

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