Suggestions on reform of the law of rape in South Australia

Introduction The law of entrancement in southeastern Australia is governed by the frequent law and the Criminal Law Consolidation act upon 1935 SA. Recently, on that point have been inquiries as to the low curse rate for inner assault offences (1.8 per cent of reported itch cases against adult women resulted in convictions in 2002), which might indicate the inadequacy of law in this area . There are some(prenominal) reasons for the low conviction rate. Among all, focus will be ready on the steps to make up a conviction. That is, the requisite for the prosecution to testify beyond conceivable doubt. In southern 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 really 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 is suggested that the approach of rigid obligation should be adopted. An offence is a morose liability offence if the pinnacle only has to prove that physical elements (actus reus) of the offence have taken place. The Crown does not have to prove any defect 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 law crystalise commitment in d ifferent jurisdictions outside SA. Current ! law in South Australia harmonize to s.48 Criminal Law Consolidation Act 1935, A individual who has sexual intercourse with an separate person without the consent of that other person a)         knowing that that other person does not consent... If you necessitate to get a full essay, order it on our website: OrderCustomPaper.com

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