Tuesday, April 15, 2008

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill 2008

There have been some amendments to the above act that are very interesting. Please go here to have a look.

As an example here is how the amendment describes consent:
Consent to sexual activity
(1) In this section—
sexual activity includes sexual intercourse.
(2) For the purposes of this Division, a person consents to sexual activity if the person freely and voluntarily agrees to the sexual activity.
(3) Without limiting subsection (2), a person is taken not to freely and voluntarily agree to sexual activity if—
(a) the person agrees because of—
(i) the application of force or an express or implied threat of the application of force or a fear of the application of force to the person or to some other person; or
(ii) an express or implied threat to degrade, humiliate, disgrace or harass the person or some other person; or
(b) the person is unlawfully detained at the time of the activity; or
(c) the activity occurs while the person is asleep or unconscious; or
(d) the activity occurs while the person is intoxicated (whether by alcohol or any other substance or combination of substances) to the point of being incapable of freely and voluntarily agreeing to the activity; or
(e) the activity occurs while the person is affected by a physical, mental or intellectual condition or impairment such that the person is incapable of freely and voluntarily agreeing; or
(f) the person is unable to understand the nature of the activity; or
(g) the person agrees to engage in the activity with a person under a mistaken belief as to the identity of that person; or
(h) the person is mistaken about the nature of the activity.

In addition there is description of ' reckless indifference
rape, compelled sexual manipulation.

If you have trouble understanding this format - Please get back to me and I will try and get a 'plain english' version that is easy to follow.

No comments:

Post a Comment