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Words: | Submitted: Fri Jan 28 2005
... acceptable and lawful sexual behaviour offer a snapshot into cultural values and standards, and consequently, the broader criminal law process. Until recently the law relating to sexual offences was found primarily at common law. Today, the substantive law relating to sexual assault and other sexual offences is found in extensive statutory provisions. Primary motivation for the extensive statutory reforms came from the recognition of the inadequacy of the common law. The pre-existing common law insufficiently protected the sexual integrity and personal autonomy of the victims of the majority of sexual offences - women - as many degrading and sexually abusive act were excluded from prosecution. In 1981, NSW implemented radical changes to the law of sexual assault, fundamentally altering the substantive and procedural law. A whole host of new laws were brought into action. Importantly, the name of the offence was changed from 'rape' to 'sexual assault'. This was an attempt to ...
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