RMIT University
Browse

Reforming the legal definition of rape in Victoria - what do stakeholders think?

journal contribution
posted on 2024-11-01, 22:57 authored by Wendy Larcombe, Bianca Fileborn, Anastasia PowellAnastasia Powell, Nicola HenryNicola Henry, Natalia Hanley
Internationally and in Australia, rape law reforms in recent decades have had mixed outcomes. As a result, when the Victorian government began consulting on another round of major reforms in this area, the authors designed a qualitative research project to investigate whether a proposed change to the definition of rape is likely to clarify and simplify the law, as intended. This article draws on a series of semi-structured interviews with stakeholders who have extensive practice- or research-based expertise in criminal justice processing of rape cases. We analyse their perceptions and interpretations of a proposed definition of rape, which would require an absence of 'reasonable belief' in consent, and explore potential impacts and limits of this reform. Given that the investigated reform proposal has now been adopted, and will come into effect in July 2015, our findings provide unique insight into stakeholders' expectations of this latest reform of rape law in Victoria. Our findings suggest that this reform, like a number of its predecessors, may struggle to achieve its policy objectives.

History

Related Materials

  1. 1.
    DOI - Is published in 10.5204/qutlr.v15i2.635
  2. 2.
    ISSN - Is published in 22017275

Journal

Queensland University of Technology Law Review

Volume

15

Issue

2

Start page

30

End page

49

Total pages

20

Publisher

Queensland University of Technology

Place published

Brisbane, Australia

Language

English

Copyright

Creative Commons Attribution Licence (CC-BY)

Former Identifier

2006057791

Esploro creation date

2020-06-22

Fedora creation date

2016-01-29

Usage metrics

    Scholarly Works

    Keywords

    Licence

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC