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( 2011) Emerging issues in the measurement of rape victimization. Journal of Interpersonal Violence 28(3): 455– 473.Ĭook, SL, Gidycz, CA, Koss, MP. ( 2013) Correlates of reasons for not reporting rape to police: Results from a national telephone household probability sample of women with forcible or drug-or-alcohol facilitated/incapacitated rape. PhD Thesis, University of Tasmania, Australia.Ĭohn, AM, Zinzow, HM, Resnick, HS. Liverpool Law Review 32: 237– 250.Ĭockburn, HM ( 2012) The impact of introducing an affirmative model of consent and changes to the defence of mistake in Tasmanian rape trials. Journal of Applied Social Psychology 11: 212– 230.Ĭarline, A, Gunby, C ( 2011) ‘How an ordinary jury makes sense of it is a mystery’: Barristers’ perspectives on rape, consent and the Sexual Offences Act 2003. Psychology, Crime and Law 13(4): 355– 370.īurt, MR, Albin, RS ( 1981) Rape myths, rape definitions and probability of conviction. Canadian Journal of Law and Jurisprudence 11(1): 69– 88.īrown, JM, Hamilton, C, O’Neill, D ( 2007) Characteristics associated with rape attrition and the role played by skepticism or legal rationality by investigators and prosecutors. Melbourne: Australian Institute of Family Studies.īrett, N ( 1998) Sexual offenses and consent. Canberra: Australian Law Reform Commission.īluett-Boyd, N, Fileborn, B ( 2014) Victim/Survivor-focused Justice Responses and Reforms to Criminal Court Practice: Implementation, Current Practice and Future Directions. Oxford: Oxford University Press.Īustralian Law Reform Commission (ALRC) ( 2010) Family Violence: A National Legal Response. Participants advocated further law reform to give effect to a more ‘affirmative’ or communicative concept of consent.Īshworth, A ( 2009) Principles of Criminal Law. As a result, many of our participants were critical that the rape definition effectively maintains the onus on a rape victim/survivor to unequivocally demonstrate non-consent.
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In particular, participants expected that jurors would draw on a presumption of ‘implied’ or ‘continuing’ consent between former sexual partners to find that belief in consent was ‘reasonable’ when the victim did not protest or resist the assault. Across these backgrounds, participants expressed dissatisfaction with this definition of rape because the scope for reasonable belief in consent was seen as overly broad. The present study contributes to qualitative research on ‘reasonable belief in consent’ by analysing key themes from 11 focus group discussions with professionals working in the sexual assault sector (counsellors, health professionals, victim/survivor advocates and police officers), legally trained professionals and community members interested in rape law reform.
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Limited empirical research has investigated community and professional perceptions of the adequacy and scope of this definition of rape. A legal definition of rape that exonerates an accused who ‘reasonably believes in consent’ is currently in force in a number of jurisdictions in the United Kingdom, Australia and New Zealand.