to what extent does law reform help achieve justice in australia thesis

Separation of powers issues arising in particular legal contexts, such as: national security law, preventive detention, ‘bikie’ laws. The stranglehold that religious teaching has exercised to mould conceptions of morality ac es, does not include the promotion of the rights of same-sex partners in its list of social justice measures to be implemented. The second of the two previously mentioned changes was also made within the 1994 Act when it was acknowledged that a man could be a victim of rape and the actus reus of rape was amended to cover vaginal or anal intercourse against a woman or another man without their consent. 3-4. cit., p. 2. 8-9. [3] Word used to describe locations where men frequently meet to arrange or to have sex with other men. [2] Sydney Morning Herald - 5.5.94, p. 6; reported in Lesbian and Gay Anti-Violence Project, (1995), Forum on the "Homosexual Panic Defence" - 14/4/94, "Homosexual Panic Defence" - And Other Family Values, May, Sydney, p. 14. Do you have a 2:1 degree or higher? Dr Harpur is the author of numerous works on human rights, civil rights and workers' rights. She has published widely in this area. Not surprisingly the research reveals that those who were 'out' and involved in the gay commun (c.f. under what circumstances?). Prosecutorial ethics and judicial ethics; Regulation of the legal profession including admission and disciplinary law and debates about professionalism, Legal philosophy related to H.L.A. Lea, S.J., Lanvers, U. and Shaw, S. (2003) Attrition in rape cases; developing a profile and identifying relevant factors, British Journal of Criminology, 43, 583-599. The topic explores in detail the uncertainties and tensions which arise between very different systems of law in practice. Turners immaturity was considered by the judge as Social and economic development inspired the formation of gay communities. Looking for Study Guides and Study Notes for School & University? cit., p. 2. Relying upon Hale's now infamous statement (cited above) the defence argued that because the acts were against his wife this could not be classed as unlawful. There should be anti-vilification legislation at a federal level which sends a clear messa They argue that basing legal protection for gay men on the very fact of their sexual orientation reinforces the very repression sou Whether or not a person intended to commit a crime is probably more central in rape cases than for other criminal offences when it comes to proving the ‘guilty mind'. Although consent has now been defined in statute, this does not solve many of the issues relating to consent. Tomsen, S., (1994), 'Hatred, murder & male honour: Gay homicides and the "homosexual panic defence"', Criminology Australia, Vol. If, for example, a person reported that their car had been stolen it would not be necessary to prove that it had been taken without their consent. At a broader level greater research should be conducted to investigate the characteristics and solutions to lesbian and gay hate crimes. ng crimes where their sexuality was of central concern (50%); The poor image of police held by many respondents. There was some scepticism relating to what impact the Sexual Offences Act 2003 would have even during the consultation stages. We, as a country, are confused about what we are trying to achieve with the crim-inal justice system. For further information contact Associate Professor Peter Billings, e: p.billings@law.uq.edu.au. y person. cit., pp. idered immoral and deserve criminal sanction. [24] See (i) The Editors of the Harvard Law Journal, op. cit., pp. Baird, V. (1999) Changes to section 2 of Sexual Offences Act 1976, Medicine, Science and the Law, 39 (3), 198-208. 11, No. [3] Criminal Justice and Public Order Act 1994. appreciation of the inter-relationships between social, political, religious, cultural and legal dynamics that work together to marginalise lesbians and gay men in Australian society. the act requires a penis) but a gender-neutral offence with regard to the victim. See G. Mason, op. Potential projects are available relating to these primary areas of law, including interdisciplinary proposals. Its basis derives from an ideology proclaiming the fundamental nature of the family as the social and economic unit of society. Family law for Muslims in secular Western nations, Constitutional law in particular Muslim nations, The role of law in the process of Islamisation in a particular Muslim nation or region, laws that criminalise behaviours associated with social and economic marginalisation, including 'public nuisance', offensive behaviour, offensive language and begging; and, social security laws, including dishonesty and fraud offences. The issues raised by legal pluralism are diverse and wide ranging, and pose complex challenges for law reform and development. In order to develop a framework of analysis it is necessary to identify the variance of interconnecting themes that work together to subordinate lesbians and gay men. (1983) Investigating Rape, Edinburgh: HMSO, Cook, K. (2004) Rape Appeal Study: Summary Findings, available at www.truthaboutrape.co.uk. In contrast to the sin conception, the sickness vi e of view "types" can be artificially divided into four competing conceptions of homosexuality which are reflected in legislation, legal decision making, and legal scholarship. the "social construct" conception - Proponents of such theories reject the neutral difference conception of homosexuality. [25] (i) A. George, (1995), Homosexual Provocation: The Courtroom as an area of Gender Conflict in Australia (unpublished thesis, Dept of Sociology and Anthropology, University of Newcastle, p. 78. The role and meaning of judicial independence. health, housing or provision of goods and services. Further, Au Intentionally or unintentionally, the review was therefore guided by a strong feminist influence. The appeal was dismissed unanimously at the Court of Appeal[14], where Lord Lane dismissed Sir Matthew Hale's statement as being a ‘statement of the common law at that epoch', where ‘the common law rule no longer remotely represents what is the true position of a wife in present-day society'. On top of this must be placed social, cultural, polit Although other parts of the Sexual Offences Act 1956 were revised between 1995 and 2003, the actus reus of rape retained its definition as in the Criminal Justice and Public Order Act 1994 until the new definition in the Sexual Offences Act 2003. *You can also browse our support articles here >. if private property was not clearly marked). The PhD program provides students with an opportunity to explore in depth the effects of the law and legal systems on people experiencing social and economic disadvantage. The Western Australian Labor Party, in its platform of policies and objectiv ‘Fairness’ or the related ideas of due process, procedural fairness and natural justice under Australian law – whether in particular fields (eg, civil or criminal procedure) or as a constitutional concept. Mason, G., (1993), 'Violence Against Lesbians and Gay Men', Trends and Issues, Australian Institute of Criminology, No. In England and Wales no empirical research has ever addressed this subject, and it is therefore impossible to know the scale of the problem here[26]. Finally, a conclusion is offered that seeks, very briefly, to Thinkswap has what you need. There would inevitably be various degrees of denial, self-loathing, acceptance, celebration and activism. ination is made of the broader social context within which Australia's criminal justice system operates. The migration, normalisation and extension of national security laws, for example into the organised crime context. The rapid rate of mangrove loss globally is of great concern due to the critically important ecosystem services these coastal environments provide. Although the actus reus and the mens rea are components of all crimes, the mens rea only becomes relevant when the conduct in question contains some level of ambiguity. ity suffered less hate crime than those gay men who were not 'out' and/or were involved in what was called 'marginal behaviour' such as frequenting beats. Around a third of the respondents to the rape and sexual assault section of the Review argued that Morgan should be changed so that a belief must be both honest and reasonable (Home Office, 2000a). All work is written to order. This means that it remains a gender-specific offence with regard to the perpetrator (i.e. Cases and principles concerning judicial independence in Australia (at state, territory or federal level) and/or elsewhere. The major achievements of the legislation can be held as being: the retention of rape as a gendered offence in terms of its perpetration; the need for an ‘honest' belief in consent to also be ‘reasonable'; and a complete revision of what it means to truly consent. I am trying to draw attention to diversity within the gay and lesbian community. [13] The Editors of the Harvard Law Journal, op. against discrimination (Article 2(1), and arbitrary or unlawful breach of privacy) in relation to the treatment by the State of homosexuals. Chambers, G. and Miller, A. This project is available until July 2019 unless a suitable candidate is found prior. The nature of hate crimes against lesbians and gay men tends to perpetuate prejudice and violence against the same people. The root of the ‘consent' problem lies with the requirement of the prosecution to prove the absence of consent (rather than requiring the defence to prove that they had taken steps to ascertain consent), and in many ways this problem is unique to rape cases. 6, No. This encourages entities involved in collusive behaviour to achieve consensus through indirect means to avoid a possibility to be caught by a competition authority. The Sexual Offences Bill was introduced in January 2003 into the House of Lords, where some amendments were made. Our academic experts are ready and waiting to assist with any writing project you may have. 2, pp. (vii) R. Takach, op. Must have an undergraduate honours degree in law. In this case it was ruled that consent was a state of mind and that the jury should be directed to make up their own minds as to whether consent was present based on the victim's state of mind at the time of the rape. For further information contact Dr Francesca Bartlett, e: f.bartlett@law.uq.edu.au. Bibliography Atkinson, M., (1992), 'Homosexual Law Reform' in University of Tasmania Law Review, Vol. Concern about masculine identity and honour appears to motivate many of the murderers of gay reasonable to who? safety and environmental protection); enforcement of maritime claims (e.g. It is widely acknowledged that the new Act represents the largest overhaul of sexual offences in over a century (Editorial, Criminal Law Review, 2003). The subjective test is used to establish if the act of pr Registered Data Controller No: Z1821391. However, dated non-governmental research suggested this may be even lower at one in ten women (Painter, 1991). of any sort; especially the right to have children, natural or foster and to keep homosexuals away from Catholic schools or daycare centres. (ii) B. Baired, K. Mason, I. Purcell, (1994), op. (1984) Contributory negligence or being a woman? He suggests that, by re-coding the data, at least 74 per cent rather than 23 per cent of the trials actually had at least some element of the ‘mistaken belief' defence and warns that while successful law reform should be based upon empirical research, caution should also be exercised. This latter test requires that the ju The criminalisation of marital rape was controversial within legal circles. There is also theory which seeks to inform discourse on violence against gay men. A fter a financial crisis, a deep recession, and a stalled recovery, it should be no surprise that poverty in America is on the rise. (iii) G. M. Herek, (1989) 'Hate Crimes against Lesbians and Gay Men: Issues for Research and Policy' in Homosexuality: Discrimination, Criminology, and the Law, (1992), W. R. Dynes, S. Donaldson, (Eds), Garland Publishing, New York, pp. (iv) G. Mason, (1993), op. A further problem in rape cases is that the only direct witness is likely to be the rape victim, which means that cases often come down to one person's word against the other. Takach, R., (1994), 'Gay and Lesbian Inequality: The Anti-Vilification Measures', in Australasian Gay and Lesbian Law Journal, Vol. Questions of bias and gendered approaches to the law, Equality of representation within the legal profession. 11, No. The reformed rape law, as of May 2004 can thereby be summarised as if ‘A' intentionally penetrates the vagina, anus or mouth of ‘B' with his penis, and if ‘B' does not consent to the penetration and ‘A' does not reasonably believe that ‘B' consents (paraphrased from section 1 of the Sexual Offences Act 2003). There are many people who engage in homosexual behaviour who would not identify themselves as such and would possibly not even know that such communities exist. In R v Turner (1994) Grove J. while declaring his disapproval of the killer's over-reaction to an alleged sexual advance by the victim, he did This logic has received judicial sanction. and Weiss, D.J. murders during the same period. Regulating and managing corporate social responsibility and duties under civil rights laws. In Australia this issue divided rape law reform campaigners into two groups; the ‘subjectivists' who argued that the Morgan ruling should be upheld – i.e. Law Reform Commission of Victoria (1991a) Rape: Reform of Law and Procedure: Appendixes to Interim Report No 42, Melbourne: LRCV. orientation appear fundamental to their identity. The victim in this case was portrayed as a 'dirty old man' with a 'reputation' which the judge deter 1-30. The debate within the review was not whether Morgan should be changed per se (the Home Office rape seminar and the Review's External Reference group agreed that it should be changed), but rather how it should be changed, and what, if anything should replace it. The objective test is used to determine whether or not the 'ordinary' person may have behaved in the same manner as the accused. From P. Wilson, (1994), 'Homosexual Law Reform in Australia' in Trends and Issues, Australian Institute of C This is a troubling figure, and it should certainly move us to act to help the poor as we strive to grow the economy. What are the networks of social interactions that makes them targets of emotional, verb He criticises the research for not taking into account pre-trial decisions on attrition, and argues they should have included all reported rape cases when publicising the conviction rate rather than just those cases that got to court. 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