Suggestions on reform of the law of rape in South Australia

Introduction The fairness of lash out in southeastern Australia is governed by the frequent law and the Criminal Law Consolidation interpret 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 assail cases against adult women resulted in convictions in 2002), which might indicate the inadequateness of law in this area . There are numerous reasons for the low conviction rate. Among all, focus will be contrive on the steps to make up a conviction. That is, the urgency for the prosecution to testify beyond conceivable doubt. In reciprocal ohm Australia, the online law requires the determination of transmutation (mens rea) on the part of the impeach. Consequently, it has been argued among commentators that it is genuinely 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 sugg ested that the approach of rigid obligation should be adopted. An offence is a austere liability offence if the clear only has to prove that physical elements (actus reus) of the offence have taken place. The Crown does not have to prove any blame 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 commit ment in some otherwise jurisdictions outs! ide SA. Current law in South Australia harmonize to s.48 Criminal Law Consolidation Act 1935, A someone 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 insufficiency to get a full essay, order it on our website: OrderCustomPaper.com

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