![]() The offence includes the continuation of sexual intercourse after penetration in order to address cases where consent has subsequently been withdrawn. In addition, common law understandings of consent, and the conditions or circumstances that are seen as negating consent, have been considerably modified.Ģ5.10 The penetrative sexual offence is described as: ‘rape’ in Victoria, Queensland, South Australia and Tasmania ‘sexual assault’ in NSW ‘sexual intercourse without consent’ in the ACT and the Northern Territory and ‘sexual penetration without consent’ in Western Australia. Ģ5.9 A number of jurisdictions also prohibit a person from compelling another person to take part in sexual penetration. The penetrative sexual offence is no longer gender-specific and, despite some inconsistencies, generally includes penetration of the genitalia by a penis, object, part of a body or mouth. Statutory extensions and modifications to the common law crime of rape have been made in all jurisdictions to varying degrees, but with resulting inconsistency across jurisdictions. List of Agencies, Organisations and Individuals ConsultedĢ5.8 Under the common law, rape was defined as carnal knowledge of a woman against her will and was subject to narrow and restrictive definitions of ‘sexual intercourse’. Expanding specialised family violence courts in Australia.Existing specialised family violence courts in Australia.Advantages and challenges of specialisation.
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