Describe the issue and the history of that issue
Issue: “Rape” also referred to a sexual assault, under New South Wales Crimes Act 1900 is defined as ‘a person who inflicts grievous bodily harm on another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years’.
Aggravated sexual assault: In New South Wales Crimes Act 1900, aggravated assault is defined as, ‘any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.
Marital Rape: Marital rape is defined as when the offender and the victim are in a relationship connected through marriage, where one partner forces sexual intercourse on the other. Although, the offender and the victim are connected through marriage, it does not give any of them the right to force a sexual act upon the other.
Although ‘rape’ laws have undergone many reforms in the past recent decades, there are still many loopholes in rape. As NSW Attorney General John Hatzistergos states, “those cases, shocking as they were, have demonstrated to us areas where improvement can be effected, we need to change the laws to make it as supportive as possible.” Through the statement, it shows that with the issue of sexual assault, there are many problems associated with it. However, the governments have tried to eliminate these problems through the introduction of new laws.
History of issue: In Australian common law, the term ‘rape’ was traditionally defined as an act where a man forces a women to have sexual intercourse with him, it required the woman to have physical resistance. In the act, only women could be the victim and only men could be the ones to carry out the act... [continues]
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(2008, 04). Crime Report - Rape Law Reform. StudyMode.com. Retrieved 04, 2008, from http://www.studymode.com/essays/Crime-Report-Rape-Law-Reform-145459.html
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