Counselling records including notes, transcripts and even audio and video files are ending up in the hands of defendants’ legal teams.
Articles on rape law
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Australian jurisdictions are making strides to ensure consent means an active ‘yes’ rather than the absence of a ‘no’. But without better knowledge of these laws, they risk being just words on paper.
Stealthing is not a new issue in the community but it has only recently come to the attention of lawmakers in many countries.
After years of advocacy by Saxon Mullins, NSW moves from a “no means no” to a “yes means yes” standard of sexual consent.
Juries in rape cases must decide whether the prosecution has proven there was no free and voluntary consent. And this is where broader societal attitudes come into play.
Top contributors
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Senior Lecturer in Criminology and Criminal Justice, Swinburne University of Technology
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Professor of Law, University of Sydney
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Associate Professor in Criminology and Justice, RMIT University
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Lecturer of criminology, University of Southern Queensland
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Head of School and Dean, School of Law and Justice, University of Southern Queensland
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Senior Lecturer in Criminology, RMIT University