Suggestions on reform of the law of rape in South Australia

Introduction The honor of bollocks up in southeastern Australia is governed by the frequent law and the Criminal Law Consolidation numeral 1935 SA. Recently, on that point have been inquiries as to the low disapprobation rate for inner assault offences (1.8 per cent of reported mar cases against adult women resulted in convictions in 2002), which might indicate the loss of law in this area . There are umpteen reasons for the low conviction rate. Among all, focus will be stray on the steps to make up a conviction. That is, the emergency for the prosecution to testify beyond conceivable doubt. In due south Australia, the online law requires the purpose of transmutation (mens rea) on the part of the impeach. Consequently, it has been argued among commentators that it is truly 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 approac h of rigid obligation should be adopted. An offence is a exacting liability offence if the coronate only has to prove that physical elements (actus reus) of the offence have interpreted place. The Crown does not have to prove any error 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 som e separate jurisdictions outside SA. Curre! nt law in South Australia harmonise to s.48 Criminal Law Consolidation Act 1935, A individual who has sexual intercourse with another person without the consent of that other person a)         knowing that that other person does not consent... If you want to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper