Sexual Assault of New South Wales Prisoners

1995 ◽  
Vol 6 (3) ◽  
pp. 327-334 ◽  
Author(s):  
David Heilpern
2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Annie Cossins

Two cases studies illustrate the paradox at the heart of the substantive law of sexual assault – that it is possible (i) for a woman who does not communicate her consent to be deemed to consent; and (ii) for a defendant to have a reasonable belief about a woman’s consent even though it is accepted that she did not consent, both of which undermine the concept of her sexual autonomy. In light of the research on rape myth acceptance (‘RMA’) which shows that RMA is one of the most consistent predictors of victim blame in sexual assault scenarios, this article discusses how sexual assault law reform in New South Wales in 2007, which introduced a ‘communicative’ model of consent, has been subsequently undermined by the decisions in two recent judge-alone trials. Options for reform are discussed in light of the community standards expected under a ‘communicative’ model of consent.


2018 ◽  
Vol 43 (2) ◽  
pp. 96-101 ◽  
Author(s):  
James Monaghan ◽  
Gail Mason

In this article, we consider the influence of the communicative model of consent in New South Wales. After outlining the model, we argue that it stood behind 2007 reforms to the law of sexual assault in New South Wales. Then, we analyse a recent appellate decision, Lazarus v R [2016] NSWCCA 52, asking whether the communicative ideals that underpinned the 2007 amendments are evident in the legal discourses in the judgments. We argue that communicative ideals remain under-realised in the discourses.


2002 ◽  
Vol 61 (1) ◽  
pp. 126-145 ◽  
Author(s):  
Jennifer Temkin

THE disclosure of confidential records such as those of doctors, counsellors, and therapists may be sought by the defence as a means of undermining the credibility of complainants in rape and sexual assault trials. It is not clear that the procedure under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965, under which disclosure of the records of third parties may be sought, offers sufficient protection for the interests of complainants. This article discusses the weaknesses of section 2 and the implications of public interest immunity as well as Article 8 of the ECHR in this context. It also explores the different approaches taken in Canada, New South Wales and certain American jurisdictions to meet this problem. It concludes by making some suggestions for the amendment of the 1965 Act.


1992 ◽  
Vol 26 (2) ◽  
pp. 197-207 ◽  
Author(s):  
Peter M. Yellowlees ◽  
Anil V. Kaushik

The main objective of this study was to describe the psychiatric disorders seen in patients presenting for treatment in rural New South Wales. The patients were seen primarily in the community, in both public and private practice, but also in the local base hospital and prison. Seven hundred and seven patients were consecutively examined during the study period. The results of this study were compared with a previous Australia-wide study to identify specific disorders that were more prevalent in rural areas. Alcohol abuse and dependence stood out as being much more prevalent. Life problems such as domestic violence, sexual assault, and incest occurred commonly in women referred for psychiatric assessment. More than ten percent of the study patients were children aged under 17, who had similar prevalence rates of the various psychiatric disorders to a national comparison. It is concluded that alcohol abuse is very common in rural New South Wales, particularly in men, although there are also high rates in women, and this is probably related, in part at least, to the high rates of domestic violence, sexual assault and incest. It appears probable that there is a cycle of alcohol abuse in men leading to domestic violence and sexual abuse in women and children. This may contribute to the latter becoming anxious and depressed. The rates of the major functional psychiatric disorders were similar to those seen nationally. There is a great need for the maldistribution of psychiatrists between metropolitan and rural areas to be addressed.


1995 ◽  
Vol 28 (1) ◽  
pp. 32-54 ◽  
Author(s):  
Judy Cashmor

Over the last decade, there has been a number of changes in the law and in courtroom procedures in relation to the prosecution of child sexual assault. These changes were intended to ease the restrictions on the admission of children's evidence and to make the experience of testifying less stressful for child witnesses. Court statistics on the outcome of child sexual assault prosecutions and the results of a survey by the NSW Office of the Director of Public Prosecutions (DPP) of prosecuted cases of child sexual assault in New South Wales were examined to throw some light on the way such prosecutions and the child witnesses involved were dealt with in the criminal justice system. One of the major concerns was that while some reforms have allowed more and younger children to give evidence, full advantage has not been taken of other reforms to ease children's experience at court.


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