Assess the Effectiveness of Law Reform in Addressing the Issues Around Native Title and Sexual Assault
ASSESS THE EFFECTIVENESS OF LAW REFORM IN ADDRESSING THE ISSUES AROUND NATIVE TITLE AND SEXUAL ASSAULT
INTRODUCTION:
As times change, laws are forced to undergo change. This process is known as law reform and is done to suit today’s contemporary society. Australia has undergone various changes to its laws to suit society; however the effectiveness of such changes can be questionable. The issues revolving around native title and sexual assaults are still developing today in order to balance an individual’s rights and values.
SEXUAL ASSAULT:
There has been significant law reform in relation to sexual assault offences over the past decade. The failures of criminal justice systems to provide just outcomes for victims have provoked the need for law reform. A defining event and spark for major law reforms regarding sexual assault began after the horrendous acts of Bilal Skaf. The R v Skaf case led to the passing of the Crimes Sexual Assault in Company Act which greatly increased the sentencing for rapists. This led to a noticeable decrease in gang-rape; however the law is still unable to prevent rape all together. The positive outcomes from the case did not completely outweigh the negatives and the effectiveness of the law is questioned.
The law reforms made during the R v Skaf case led to more just outcomes for future sexually assaulted victims, but the lack of law reforms for sentencing and parole periods does not achieve justice for the victims. The Meagher Case led the public to question the justice system and gave rise to law reform in certain parts of Australia. The “Meagher killer was on parole for sex attacks” media article questions the ability of the Parole Board and the belief of rehabilitation. The Victorian Parole Board however, released a statement “that anybody on parole charged with violent or sex offences would have their parole automatically cancelled.” This minor law reform in Victoria will prove effective as they will disallow criminals with
INTRODUCTION:
As times change, laws are forced to undergo change. This process is known as law reform and is done to suit today’s contemporary society. Australia has undergone various changes to its laws to suit society; however the effectiveness of such changes can be questionable. The issues revolving around native title and sexual assaults are still developing today in order to balance an individual’s rights and values.
SEXUAL ASSAULT:
There has been significant law reform in relation to sexual assault offences over the past decade. The failures of criminal justice systems to provide just outcomes for victims have provoked the need for law reform. A defining event and spark for major law reforms regarding sexual assault began after the horrendous acts of Bilal Skaf. The R v Skaf case led to the passing of the Crimes Sexual Assault in Company Act which greatly increased the sentencing for rapists. This led to a noticeable decrease in gang-rape; however the law is still unable to prevent rape all together. The positive outcomes from the case did not completely outweigh the negatives and the effectiveness of the law is questioned.
The law reforms made during the R v Skaf case led to more just outcomes for future sexually assaulted victims, but the lack of law reforms for sentencing and parole periods does not achieve justice for the victims. The Meagher Case led the public to question the justice system and gave rise to law reform in certain parts of Australia. The “Meagher killer was on parole for sex attacks” media article questions the ability of the Parole Board and the belief of rehabilitation. The Victorian Parole Board however, released a statement “that anybody on parole charged with violent or sex offences would have their parole automatically cancelled.” This minor law reform in Victoria will prove effective as they will disallow criminals with