In search of a model provision for rape in Australia
Article
Article Title | In search of a model provision for rape in Australia |
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ERA Journal ID | 34056 |
Article Category | Article |
Authors | |
Author | Hemming, Andrew |
Journal Title | University of Tasmania Law Review |
Journal Citation | 38 (1), pp. 72-102 |
Number of Pages | 31 |
Year | 2019 |
Place of Publication | Hobart, Tasmania |
ISSN | 0082-2108 |
Web Address (URL) | http://www.utas.edu.au/law/centres/university-of-tasmania-law-review |
Abstract | The purpose of this article is to set out a comprehensive model provision for the crime of rape (or the equivalent offence) that can be incorporated into all Australian criminal jurisdictions irrespective of whether the particular legislation can be broadly categorised as being a code or a statute. This is in part achieved by defining the specified fault elements, such as knowledge and recklessness, within the provision, thereby overcoming the lack of such definitions in the entire code or statute in some jurisdictions. Given that only the Australian Capital Territory and the Northern Territory have adopted Chapter 2 of the Criminal Code 1995 (Cth), which contains all the general principles of criminal responsibility that apply to any offence, uniform criminal law reform in Australia has |
Keywords | law reform, rape, consent, mistake of fact |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q5959/in-search-of-a-model-provision-for-rape-in-australia
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