NCJ Number
90086
Date Published
1981
Length
103 pages
Annotation
This working paper examines existing Tasmanian law (Australia) on rape and notes possible inadequacies in the areas of substantive law, evidentiary law, procedural matters, and the treatment of victims.
Abstract
Matters at issue in the area of substantive law include the abolition of the immunity of husbands from prosecution for rape, the abolition of the presumption that males under 14 years-old are incapable of having sexual intercourse, making sexual offenses nonspecific in gender, and restructuring sexual offenses. In evidentiary law, issues include (1) the prohibition of all evidence disclosing or implying that the complainant has or may have had sexual experience or lack of experience or has or may have participated in any prior sexual activity, with the exception of evidence of past sexual conduct with the defendant and to explain the source of semen, pregnancy, or disease, where it is relevant to a fact at issue; (2) the abrogation of the requirement that evidence be corroborated and the requirement that the jury be warned of the danger of convicting on uncorroborated evidence; and (3) the retention of the rule which allows an accused to make an unsworn statement from the dock. Issues relevant to procedural matters focus on jury composition, committal proceedings, publicity, the place of trial, and the noninclusion of time limits on the hearing of sexual assault cases. Issues in victim treatment relate to police handling of the case, the use of rape or sexual assault squads, police education, code of procedure, medical and community care, and financial compensation. The appendix contains a questionnaire soliciting comments on the working paper. For the Law Reform Commission's final recommendations, see NCJ 90161.