Sex, Sexuality, Law, and (In)justice

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Courts, Not Campuses, Should Decide Sexual Assault Cases

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Sexual violence: Law reform and access to justice

It is recognised, however, that sexual abuse of children is a related but distinct topic requiring sensitive, well-informed attention from services and policy-makers. Although relevant to the matters discussed here, the specific legal and social issues involved in human trafficking are largely beyond the scope of this paper.

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The paper is structured as follows: first, the paper surveys background issues relating to sexual assault and the limitations of the criminal justice system, before identifying the reasons for limited reporting to formal authorities. Following this the paper discusses data and reporting mechanisms, and makes some proposal for improvements. The paper then turns to specific reforms that could improve the justice system in relation to sexual assault, focusing on the protection of sexual assault communications, presumption of joint trial, and judicial training.

The paper concludes with sections discussing the justice needs of particular groups of people and in particular settings, highlighting recommendations relating to Aboriginal and Torres Strait Islander women, women with disability, people in migration detention, sexual assault and harassment at university, and technology facilitated abuse and online safety.

Download the full issues paper here. Sexual violence: Law reform and access to justice.


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