Crimes (Rape) Act 1991

Similar documents
Crimes (Sexual Offences) Act 1991

SEXUAL OFFENCES (SCOTLAND) BILL

Criminal Code CRIMINAL CODE (AMENDMENT) (NO. 2) BILL, 2013 ARRANGEMENT OF CLAUSES

CRIMES (AMENDMENT) ACT 1989 No. 198

PENAL CODE (AMENDMENT) (SEXUAL OFFENCES) ACT 2016 (NO. 3 OF 2016)

CRIMINAL LEGISLATION (AMENDMENT) ACT 1992 No. 2

LAW REFORM (DECRIMINALIZATION OF SODOMY) ACT

Supplement No.1 published with Extraordinary Gazette No. 62 dated 15 th August, 2018.

PARLIAMENT OF VICTORIA. Magistrates' Court Amendment (Mental Health List) Bill 2009

Domestic Abuse (Scotland) Bill [AS PASSED]

Civil No-Contact Orders for the Protection of People Who are Victims of Stalking or Nonconsensual Sexual Conduct

Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 No 83

Sex Crimes: Definitions and Penalties Delaware

Domestic Abuse (Scotland) Bill [AS INTRODUCED]

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA CONTENTS. Promulgation of Combating ofrapeact, 2000 (Act 8 of2000), of the Parliament...

Crimes Amendment (Sexual Offences) Act 2003 No 9

Crimes Amendment (Child Pornography) Act 2004 No 95

CRIMES (AMENDMENT) ACT, 1984, No. 7. JJeto &outi) Males; ELIZABETHS H REGINS

KNOWLEDGE OR BELIEF CONCERNING CONSENT IN RAPE LAW

Client Update January 2008

ACT THE SEXUAL OFFENCES ACT, 2012 ARRANGEMENT OF SECTIONS PART 1- PRELIMINARY PART II - SEXUAL OFFENCES GENERALLY

Act 7 Magistrates Courts (Amendment) Act 2007

Criminal Procedure Further Amendment (Evidence) Act 2005 No 25

9:21 PREVIOUS CHAPTER

CRIMINAL LAW (SEXUAL OFFENCES) AMENDMENT BILL

Appendix 2 Law on sexual offences Introduction Sexual assault Age of consent

Jury Directions Act 2015

Working with Children Amendment Act 2010

Reproductive Health (Access to Terminations) Act 2013 (No. 72 of 2013) CONTENTS

Sex Crimes: Definitions and Penalties Montana

10 USC 920. Art Rape, sexual assault, and other sexual misconduct

Prostitution Control Act 1994

920. Art Rape and sexual assault generally (Effective 28 June 2012)

IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN

Sex Crimes: Definitions and Penalties Iowa

Laws Relating to Child Sexual Abuse

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90

ALABAMA STATUTES REGARDING SEXUAL AND RELATIONSHIP VIOLENCE

10 USC 920. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Sex Crimes: Definitions and Penalties Oklahoma

ANNO VICESIMO NONO. ELIZABETHAE SECUNDAE REGINAE VICTORIA Crimes (Sexual Offences) Act No. 9509

This overview was originally prepared by the Department of Justice and Regulation and is reprinted here with its kind permission.

APPENDIX E PENNSYLVANIA STATE LAW DEFINITIONS

Racial and Religious Tolerance Act 2001

NC General Statutes - Chapter 14 Article 7B 1

THE CRIMINAL LAW (AMENDMENT) BILL, 2010 BILL

THE CONSTITUTION (AMENDMENT) BILL, 2007

SAMPLE Criminal Law HD Exam Scaffold

2004 No (N.I. 15) NORTHERN IRELAND. The Criminal Justice (No. 2) (Northern Ireland) Order 2004

Sex Crimes: Definitions and Penalties Georgia

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT 1999 BERMUDA 1999 : 51 ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT 1999

THE PROTECTION FROM DOMESTIC VIOLENCE (AMENDMENT) ACT 2016

The Protection of Children from Sexual Offences Act, 2012 (POCSO, 2012)

Colonel (Retired) Timothy Grammel, United States Army. Issue 1: Is the current definition of consent unclear or ambiguous?

Crimes (Sentencing Procedure) Amendment Bill 2007

Assault and Battery Common Law

1986 CHAPTER 64 PUBLIC ORDER ACT CHAPTER 64. (excerpts) Royal Assent [7 November 1986] Public Order Act 1986, Ch. 64, Long Title (Eng.

Crimes (Domestic and Personal Violence) Amendment Act 2008 No 119

POLICE AMENDMENT ACT 2003 BERMUDA 2003 : 7 POLICE AMENDMENT ACT 2003

ABUSIVE BEHAVIOUR AND SEXUAL HARM (SCOTLAND) BILL

Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013 No 10

Guidelines for making a Victim Impact Statement

Number 2 of Criminal Law (Sexual Offences) Act 2017

Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 No 48

Policing and Crime Bill

Statutes Amendment (Gender Identity and Equity) Bill 2015

Authorised Version. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017

Law Enforcement Legislation Amendment (Public Safety) Act 2005 No 119

PARLIAMENT OF VICTORIA. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017

or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 51, No. 36, 8th March, 2012

PREVENTION OF HUMAN TRAFFICKING ACT (No. 45 of 2014)

PART VIII SEXUAL OFFENCES

Criminal and Family Law ENG 04 FAMILY LAW FOR WOMEN IN ONTARIO. All Women. One Family Law. Know your Rights.

REPUBLIC OF SINGAPORE ACTS SUPPLEMENT. Published by Authority

Colorado River Tribal Law and Order Code Unlawful Sexual Behavior.

SINGAPORE PENAL CODE

DOMESTIC ABUSE (SCOTLAND) BILL

Crimes Amendment (Bullying) Act 2011

Sex Crimes: Definitions and Penalties Florida

Number 14 of Criminal Justice Act 2017

Domestic Violence, Crime and Victims Bill [HL]

Health and Social Care Act 2008

Oklahoma Statutes Citationized Title 22. Criminal Procedure

BERMUDA BRIBERY ACT : 47

Legislative Brief The Criminal Law (Amendment) Bill, 2012 and Ordinance, 2013

CRIMINAL OFFENCES (AMENDMENT) ACT 2012

Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

PART I SEXUAL OFFENCES

SUPREME COURT OF QUEENSLAND

A BILL. For. Sponsors: Hon. Binta Masi Garba Hon. COMMENCEMENT SECTION: Enacted by the National Assembly of the Federal Republic of Nigeria: Preamble

Government Response to the Bail Review (Advice provided by the Hon Paul Coghlan QC on 3 April 2017)

3 45. PREFACE TO ARTICLE 120 INSTRUCTIONS

THE CONSTITUTION (AMENDMENT) ACT, 2007

Occupational Health and Safety Amendment Bill 2011

Australian Citizenship Amendment (Special Residence Requirements) Act 2013

Penalties and Sentences Act 1985

REPUBLIC OF SOUTH AFRI «EI»UBLiEK VAN SUID

Sentencing Snapshot. Indecent act with a child under 16. Introduction. People sentenced. Sentence types and trends

Transcription:

No. 81/1991 TABLE OF PROVISIONS Section 1. Purpose 2. Commencement 3. New Subdivisions (8) and (8A) substituted (8) Sexual Offences (General Provisions) 35. Definitions 36. Meaning of consent 37. Jury directions on consent (8A) Rape and Indecent Assault 38. Rape 39. Indecent assault 4. Rules of evidence 5. Alternative arrangements for giving evidence 6. Abolition of common law rape 7. Insertion of new section 11 (1 A) in Crimes (Sexual Offences) Act 1991 8. Amendment of Schedule to Crimes (Sexual Offences) Act 1991 9. Transitional provisions 10. Consequential amendments SCHEDULE Consequential Amendments 1399

Victoria No. 81 of 1991 Crimes (Rape) Act 1991 [Assented to 3 December 1991] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to reform the law relating to rape and indecent assault in order to (a) clarify the concept of consent; (b) reaffirm the fundamental right of a person not to engage in sexual activity; (c) give greater protection to complainants in court proceedings. 2. Commencement (1) This Act (except sections 7 and 8) comes into operation on a day or days to be proclaimed. 910791 15 1401

s. 3 Crimes (Rape) Act 1991 Act No. 81/1991 (2) Sections 7 and 8 must be taken to have come into operation on 16 April 1991. 3. New Subdivisions (8) and (8A) substituted For Subdivisions (8) and (8A) of Division 1 of Part I of the Crimes Act 1958 substitute 's) Sexual Offences (General Provisions) 35. Definitions (1) In Subdivisions (8A) to (8G) "De facto spouse" means a person who is living with a person of the opposite sex as if they were married although they are not. "Sexual penetration" means (a) the introduction (to any extent) by a person of his penis into the vagina, anus or mouth of another person, whether or not there is emission of semen; or (b) the introduction (to any extent) by a person of an object or a part of his or her body (other than the penis) into the vagina or anus of another person, other than in the course of a procedure carried out in good faith for medical or hygienic purposes. "Vagina" includes (a) the external genitalia; and (b) a surgically constructed vagina. (2) For the purposes of Subdivisions (8B) to (8E) both the person who sexually penetrates another person and the other person are taking part in an act of sexual penetration. 1402

Act No. 81/1991 36. Meaning of consent For the purposes of Subdivisions (8A) to (8D) "consent" means free agreement. Circumstances in which a person does not freely agree to an act include the following: (a) the person submits because of force or the fear of force to that person or someone else; (b) the person submits because of the fear of harm of any type to that person or someone else; (c) the person submits because she or he is unlawfully detained; (d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (/) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. *37. Jury directions on consent In a relevant case the judge must direct the jury that (a) the fact that a person did not say or do anything to indicate free agreement to a sexual act is normally enough to show that the act took place without that person's free agreement; (b) a person is not to be regarded as having freely agreed to a sexual act just because (i) she or he did not protest or physically resist; or * Section 61 of the Crimes Act 1958 sets out other jury warnings 1403

v. Act No. 81/1991 ;- -; (ii) she or he did not sustain physical injury; or " \ ' (iii) on that or an earlier occasion, she or ; ^ } he freely agreed to engage in another... : sexual act (whether or not of the same ^ c,,' type) with that person, or a sexual act ;.'"; with another person; ' \ (c) in considering the accused's alleged b Uefv^o{<-^Vv" : ' that the complainant was consenting, tov' : - the sexual act, it must take into account \\\'\! whether that belief was reasonable in all / / -. the relevant circumstances. -.V-,V'-. : ' ':'\'[-, f (8A) Rape and Indecent Assault '->x ' :', 38. Rape "..;> *' (1) A person must not commit rape. Penalty: Imprisonment for 25 years. ' ' (2) A person commits rape if! \. : (a) he or she intentionally sexually penetrated ' another person without that person's > ;:.' ''. ''"' consent while being aware that the person is not consenting or might not be consenting; or K- *' (b) after sexual penetration he or she does hot /:., withdraw from a person who is not c"^ consenting on becoming aware that the -*, : \ person is not consenting or might not be : '; consenting. : V >. 39. Indecent assault (1) A person must not commit indecent assault Penalty: Imprisonment for 10 years..' *."" (2) A person commits indecent assault if he orshe. :;'.: assaults another person in indecent circumstances.; ;- \ '^ 1404 '..-'/"i'..'.''-^.' ; :*' '.'. : ; ; ;

Act No. 81/1991 s.4 4. Rules of evidence while being aware that the person is not consenting or might not be consenting.'. In section 37A (1) of the Evidence Act 1958 (which deals with sexual history evidence) (a) in Rule (2) (a) omit "other than with the accused"; (b) in Rule (2) (b) omit "other than with the accused"; (c) in Rule (4) omit "other than with the accused". 5. Alternative arrangements for giving evidence In section 37c of the Evidence Act 1958, for sub-sections (1) and (2) substitute "(2) The court may, of its own motion or on the application of a party to a legal proceeding, direct that \ alternative arrangements be made for the giving of evidence by a witness if (a) the proceeding relates (wholly or partly) to a charge for (i) a sexual offence; or (ii) an indictable offence which involves an assault on, or injury or a threat of injury to, a person and the court is satisfied that the witness is a person with impaired mental functioning or under the age of 18; or (b) the proceeding relates (wholly or partly) to a charge for a sexual offence and the court is satisfied that, without alternative arrangements being made, the witness is likely in giving evidence (i) to suffer severe emotional trauma; or (ii) to be so intimidated or stressed as to be severely disadvantaged as a witness.". 6. Abolition of common law rape The common law offence of rape is abolished. 1405

s.7 './'... Act No. 81/1991 NO. 8/1991. 7. insertion of new section 11 (1A) in Crimes (Sexual Offences) Act 1991 In section 11 (1) of the Crimes (Sexual Offences) Act 1991, before the proposed new section 37c to be inserted in the Evidence Act 1958 insert "(1A) Before section 38 of the Evidence Act 1958 insert 8. Amendment oj'schedule to Crimes (Sexual Offences) Act 1991 In the Schedule to the Crimes (Sexual Offences) Act 1991 (a) in clause 1 (d) for "or (c)" substitute ", (c), (d) or (b) in clause 2 (2) for "(d)" substitute "(/)". 9. Transitional provisions (1) Sections 36 and 37 of the Crimes Act 1958 (as inserted by section 3 of this Act) and the amendments made by sections 4 and 5 of this Act apply to proceedings that occur after the commencement of the relevant provision of this Act regardless of when the alleged offence was committed. (2) Subdivision (8A) of Division 1 of Part I of the Crimes Act 1958 (as inserted by section 3 of this Act) applies only to offences alleged to have been committed after the commencement of that section. (3) The abolition of the common law offence of rape by section 6 does not apply to an offence that is alleged to have been committed before the commencement of that section..;'" (4) For the purposes of this section, if an offence is alleged to have been committed between two dates and the relevant provision of this Act commences on a date between those 1406

Act No. 81/1991 s.10 two dates, the offence is alleged to have been committed before the commencement date. 10. Consequential amendments The Acts listed in the Schedule are amended as set out in the Schedule. 1407

Act No. 81/1991 SCHEDULE Section 10 CONSEQUENTIAL AMENDMENTS 1. Crimes Act 1958 1.1 In section 359A (1) (a), for "40, 41, 42 (if the complainant was under the age of 16 at the time of the alleged offence), 43" substitute "38, 39". 1.2 In section 425 (1) (b) for "42" substitute "39". 1.3 Section 425 (2) is repealed. 2. Magistrates' Court Act 1989 2.1 In item 8 of Schedule 4, for "42" substitute "39". 2.2 In clause 15 (8) of Schedule 5, for "40, 41, 42 (if the complainant was under the age of 16 at the time of the alleged offence), 43" substitute "38, 39". 3. Sentencing Act 1991 3.1 For items 1,1 A, 2 and 3 in Schedule 3 substitute "1. In section 39 (1), for the penalty set out at the foot of the sub-section substitute "Penalty: Level 5 imprisonment". NOTES 1. Minister's second reading speech Legislative Council: 30 October 1991 Legislative Assembly: 26 November 1991 2. The long title for the Bill for this Act was "A Bill to reform the law relating to rape and indecent assault, to amend the Crimes Act 1958, the Evidence Act 1958 and the Crimes (Sexual Offences) Act 1991 and for other purposes.". 3. Section headings appear in bold italics and are not part of the Act. (See Interpretation of Legislation Act 1984). 1408