The law and sexual offences against adults in Australia

ACSSA Issues No. 4 – June 2005

You are in an archived section of the AIFS website. Archived publications may be of interest for historical reasons. Because of their age, they may not reflect current research data or AIFS' current research methodologies.

References

  • Access Economics on behalf of the Office of the Status of Women (2004), The cost of domestic violence to the Australian economy: Part 1, Partnerships Against Domestic Violence, Canberra.
  • ACT Law Reform Commission (2001), Report on the laws relating to sexual assault, Australian Capital Territory Law Reform Commission, Canberra. Brereton, D. (1994), "'Real rape', Law reform and the role of research: The evolution of the Victorian Crimes (Rape) Act 1991", Australia and New Zealand Journal of Criminology, vol. 27, no. 1, pp. 74.
  • Brereton, D. (1994) ‘ “Real rape”, law reform and the role of research: The evolution of the Victorian Crimes (Rape) Act 1991’, Australian and New Zealand Journal of Criminology, vol. 27, pp. 74-94.
  • Brereton, D. (1997a), "How different are rape trials? A comparison of cross-examination of complainants in rape and assault trials", British Journal of Criminology, vol. 37, no. 2, pp. 242.
  • Brereton, D. (1997b), "A response to Jeremy Gans", Australia and New Zealand Journal of Criminology, vol. 30, pp. 36.
  • Briody, M. (2002), "The effects of DNA evidence on sexual offence cases in court", Current Issues in Criminal Justice, vol. 14, no. 2, pp. 159.
  • Bronnitt, S. and McSherry, B. (1997), "The use and abuse of counseling records in sexual assault trials: Reconstructing the rape shield?", Criminal Law Forum, vol. 8, no. 2, pp. 259.
  • Carrington, K. and Watson, P. (1996), "Policing sexual violence: Feminism, criminal justice and governmentality", International Journal of the Sociology of Law, vol. 24, pp. 253.
  • Cook, B., David, F. and Grant, A. (2001), Sexual violence in Australia, Australian Institute of Criminology, Canberra.
  • Cook, K. (1999), "When is rape a real crime?", New Law Journal, pp. 1856.
  • Corbett, L., Larcombe, W. and Real Rape Law Coalition (1993), "Lunar landscapes: The dark side of sexual assault and the law", in P. W. Easteal and S. McKillop (eds), Women and the law: Proceedings of a conference held 24-26 September 1991, Australian Institute of Criminology, Canberra.
  • Cossins, A. (1998), "Tipping the scales in her favour: The need to protect counselling records in sexual assault trials", in P. Easteal (ed.), Balancing the scales: Rape, law reform and Australian culture, Federation Press, Sydney.
  • Cossins, A. (2003), "Saints, sluts and sexual assault: Rethinking the relationship between sex, race and gender", Social and Legal Studies, vol. 12, no. 1, pp. 77.
  • Crime and Misconduct Commission (2003), Seeking justice: An inquiry into the handling of sexual offences by the criminal justice system, Crime and Misconduct Commission, Brisbane.
  • Cumberland, R., Hennan, M. and Gwynne, M. (1998), Who's on trial?; A legal education and training kit for CASA workers advocating for victim/survivors of sexual assault, CASA House, Melbourne.
  • Daly, K. (2004), "A tale of Two studies: Restorative justice from a victim's perspective", in E. Elliot and R. Gordon (eds), Restorative justice: Emerging issues in practice and evaluation, Willan Publishing, Cullompton, UK. Daly, K., Curtis-Fawley, S., Bouhours, B., Weber, L. and Scholl, R. (2003), Sexual offence cases finalised in court, by conference, and by formal caution in South Australia for young offenders, 1995-2001, School of Criminology and Criminal Justice, Griffith University, Brisbane.
  • de Visser, R., Smith, A., Rissel, C., Richters, J. and Grulich, A. (2003), "Experiences of sexual coercion among a representative sample of adults", Australian and New Zealand Journal of Public Health, vol. 27, no. 2, pp. 198.
  • Doyle, S. and Barbato, C. (1999), "Justice delayed is justice denied: The experiences of women in court as victims of sexual assault", in J. Breckenridge and L. Laing (eds), Challenging silence: Innovative responses to sexual and domestic violence, Allen and Unwin, St Leonards, NSW.
  • Duncan, S. (1994), "Disrupting the surface order and innocence: Toward a theory of sexuality and the law", Feminist Legal Studies, vol. 2, no. 1, pp. 3.
  • Easteal, P.W. (1993), "Beliefs about rape: A national survey", in P. W. Easteal (ed.), without consent: Confronting adult sexual violence: Conference proceedings No 12, Australian Institute of Criminology, Canberra.
  • Edwards, A. and Heenan, M. (1994), "Rape trials in Victoria: Gender, socio-cultural factors and justice", Australian and New Zealand Journal of Criminology, vol. 27, no. 3, pp. 213.
  • Freckleton, I. (1998), "Sexual offence prosecutions: A barrister's prospective", in P. Easteal (ed.), Balancing the scales: Rape, law reform and Australian culture, Federation Press, Sydney.
  • Friedman, B. and Golding, S. (1997), Guys talk too: Report of the young men and acquaintance rape survey, Family Planning South Australia, Adelaide.
  • Gans, J. (1997), "Rape trial studies: Handle with care", Australia and New Zealand Journal of Criminology, vol. 30, pp. 26.
  • Goodfellow, J. and Camilleri, M. (2003), Beyond belief, beyond justice: The difficulties for victim/survivor with disabilities when reporting sexual assault and seeking justice, Final report of Stage One of the Sexual Offences Project, Disability Discrimination Legal Service, Melbourne.
  • Gray, S. (2005), "The state of things in the Territory: Literalism, principal and policy in Northern Territory criminal law", Criminal Law Journal, vol. 29, pp. 37. Heenan, M. (2002-2003), "Reconstituting the 'relevance' of women's sexual histories in rape trials", Women Against Violence, vol. 13, pp. 4.
  • Heenan, M. (2004a), "Just 'keeping the peace': A reluctance to respond to male partner sexual violence", Issues: Australian Centre for the Study of Sexual Assault, vol. 1, pp. 1.
  • Heenan, M. (2004b), "Sexual offences law and procedure", Aware: Australian Centre for the Study of Sexual Assault Newsletter, vol. 5, pp. 8.
  • Heenan, M. and McKelvie, H. (1997), The Crimes (Rape) Act 1991: An Evaluation Report, Attorney-General's Legislation and Policy Branch, Department of Justice, Melbourne.
  • Henning, T. (1996), Sexual reputation and sexual experience evidence in Tasmanian proceedings relating to sexual offences, University of Tasmanian Law Press, Hobart.
  • Henning, T. and Bronitt, S. (1998), "Rape victims on trial: Regulating the use and abuse of sexual history evidence", in P. Easteal (ed.), Balancing the scales: Rape, law reform and Australian culture, Federation Press, Sydney.
  • Home Office (2000), Setting the boundaries, Home Office, London.
  • Kelly, L. and Radford, J. (1996), "'Nothing really happened': The invalidation of women's experiences of sexual violence", in M. Hester, L. Kelly and J. Radford (eds), Violence against women and children: The contradictions of crime control under patriarchy, Open University Press, Buckingham.
  • Kift, S. (2003), "A legal process or a justice system? Sex offences in Queensland: Still seeking justice", Alternative Law Journal, vol. 28, no. 6, pp. 292.
  • Konradi, A. (1996), "Preparing to testify: Rape survivors negotiating the criminal justice process", Gender and Society, vol. 10, no. 4, pp. 404.
  • Law Reform Commission of New South Wales (1998), Review of Section 409B of the Crimes Act 1900 (NSW): Report 87, Law Reform Commission of New South Wales, Sydney.
  • Lees, S. (1996), "Unreasonable doubt: The outcomes of rape trials", in M. Hester, L. Kelly and J. Radford (eds), Women, violence and male power: Feminist activism, research and practice, Open University Press, Buckingham. Lievore, D. (2003), Non-reporting and hidden recording of sexual assault: An international literature review, Commonwealth Office of the Status of Women, Canberra.
  • Mack, K. (1993), "Continuing barriers to women's credibility", Criminal Law Forum, vol. 4, pp. 327.
  • Mack, K. (1998), "'You should scrutinise her evidence with great care': Corroboration of women's testimony about sexual assault", in P. Easteal (ed.), Balancing the scales: Rape, law reform and Australian culture, Federation Press, Sydney.
  • Mack, K. and Roach Anleu, S. (2000), "Resolution without trial, evidence law and the construction of the sexual assault victim", in M. Childs and L. Ellison (eds), Feminist perspectives on evidence, Cavendish Publishing Ltd, London.
  • Marcus, S. (1992), "Fighting bodies, fighting words: A theory and politics of rape prevention", in J. Butler and J. W. Scott (eds), Feminists theorise the political, Routledge, London.
  • McLennan, W. (1996), Women's safety Australia, Australian Bureau of Statistics, Canberra.
  • Mitra, C. (1987), "Judicial discourse in father-daughter incest appeal cases", Journal of the Sociology of Law, vol. 15, pp. 121.
  • Model Criminal Code Officers Committee of the Standing Committee of Attorneys- General (1996), Draft Model Criminal Code Chapter 5: Sexual Offences Against the Person Discussion Paper, Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General, Canberra.
  • Model Criminal Code Officers Committee of the Standing Committee of Attorneys- General (1999), Model Criminal Code Chapter 5: Sexual Offences Against the Person, Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General, Canberra.
  • Naffine, N. (1992), "Windows on the legal mind: The evocation of rape in legal writings", Melbourne University Law Review, vol. 18, no. 4, pp. 741.
  • Naffine, N. (1994), "A struggle over meaning: A feminist commentary on rape law reform", Australia and New Zealand Journal of Criminology, vol. 27, no. 1, pp. 100. NSW Department for Women (1996), Heroines of fortitude: The experiences of women in court as victims of sexual assault, NSW Department of Women, Woolloomooloo.
  • Northern Territory Law Reform Committee (1999), Report on the Laws Relating to the Investigation and Prosecution of Sexual Assault in the Northern Territory, Northern Territory Law Reform Committee, Darwin.
  • Office of Crime Statistics and Research (2003), Crime and justice in South Australia 2002, Attorney-General's Department, Adelaide.
  • Olle, L. (1999), "Protecting confidential counselling files of sexual assault complaints from disclosure in legal proceedings: A Victorian act", Women against Violence: An Australian Feminist Journal, vol. 6, pp. 78.
  • Orth, U. and Maercker, A. (2004), "Do trials of perpetrators retraumatise crime victims?", Journal of Interpersonal Violence, vol. 19, no. 2, pp. 212.
  • Radford, J. and Stanko, E. (1996), "Violence against women and children: The contradictions of crime control under patriarchy", in M. Hester, L. Kelly and J. Radford (eds), Women, violence and male power: Feminist activism, research and practice, Open University Press, Buckingham.
  • Rosenman, S. (2002), "Trauma and post-traumatic stress disorder in Australia: Findings in the population sample of the Australian national survey of mental health and wellbeing", Australian and New Zealand Journal of Psychiatry, vol. 36, pp. 515.
  • Rozee, P. and Koss, M. (2001), "Rape: A Century of resistance", Psychology of Women Quarterly, vol. 25, pp. 295.
  • Schissel, B. (1996), "Law reform and social change: A time-series analysis of sexual assault in Canada", Journal of Criminal Justice, vol. 24, no. 2, pp. 123.
  • Senate Standing Committee on Legal and Constitutional Affairs (1994), Gender bias and the judiciary, Senate Standing Committee on Legal and Constitutional Affairs, Canberra.
  • Sheehy, E. (1996), "Legalising justice for all women: Canadian women's struggles for democratic rape reforms", Australian Feminist Law Journal, vol. 6, pp. 87.
  • Sheehy, E. (2002), "Evidence law and 'credibility testing' of women: A comment on the E case", QUT Law and Justice Journal, pp. 10. Spohn, C. and Horney, J. (1996), "The impact of rape law reform on the processing of simple and aggravated rape cases", The Journal of Criminal Law and Criminology, vol. 86, no. 3, pp. 861.
  • Stop Rape Now (2004), Submission to the Legislative Review Committee Inquiry into Sexual Assault Conviction Rates in South Australia, Stop Rape Now, Adelaide.
  • Stubbs, J. (2003), "Sexual assault, criminal justice and law and order", Women Against Violence: An Australian Feminist Journal, vol. 14, pp. 14.
  • Stubbs, J. (2004), "Restorative justice, domestic violence and family violence", Australian Domestic and Family Violence Clearinghouse Issues Paper, vol. 9, pp. 1.
  • Task Force on Sexual Assault and Rape in Tasmania (1998), Report of the Task Force on Sexual Assault and Rape in Tasmania, Hobart.
  • Taylor, C. (2005), Surviving the legal system: A handbook for adult and child sexual assault survivors and their supporters, Coulomb Communications, Melbourne.
  • Taylor, C. (2004), Court licensed abuse: Patriarchal lore and the legal response to intrafamilial sexual abuse of children, Peter Lang Publishing Inc, New York.
  • Temkin, J. (2002), Rape and the legal process, (2nd edn), Oxford University Press, Oxford.
  • Vichealth (2004), The health costs of violence: Measuring the burden of disease caused by intimate partner violence: A summary of findings, Victorian Health Promotion Foundation, Melbourne.
  • Victorian Law Reform Commission (2003), Sexual offences: Interim report, Victorian Law Reform Commission, Melbourne. Victorian Law Reform Commission (2004), Sexual offences: Law and procedure: Final report, Victorian Law Reform Commission, Melbourne.
  • Xenos, S. and Smith, D. (2001), "Perceptions of rape and sexual assault among Australian adolescents and young adults", Journal of Interpersonal Violence, vol. 16, no. 11, pp. 1103.
  • Young, A. (1998), "The waste land of the law, the wordless song of the rape victim", Melbourne University Law Review, vol. 22, no. 2, pp. 442-465.