Submission to the Law Reform Commission of Western Australia Review on Sexual Offences: Mistake of Fact Excuse in Rape and Sexual Assault Law

Jonathan Crowe; Rachael Burgin; Saxon Mullins

Submission to the Law Reform Commission of Western Australia Review on Sexual Offences: Mistake of Fact Excuse in Rape and Sexual Assault Law

Jonathan Crowe, Rachael Burgin, Saxon Mullins

Research output: Other contribution › Submission to government › Research

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Abstract

Australian rape law has moved towards an affirmative consent standard, with recent reforms in New South Wales, the Australian Capital Territory and Victoria exemplifying this trend. Professor Crowe, Dr Burgin and Ms Edwards’s research found that the mistake of fact excuse as applied in Western Australia undermines this approach, allowing the defendant to rely on passive non-resistance or past acts by the complainant to excuse their behaviour.

Original language	English
Number of pages	39
Publication status	Submitted - 15 Mar 2023

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abstract = " Australian rape law has moved towards an affirmative consent standard, with recent reforms in New South Wales, the Australian Capital Territory and Victoria exemplifying this trend. Professor Crowe, Dr Burgin and Ms Edwards{\textquoteright}s research found that the mistake of fact excuse as applied in Western Australia undermines this approach, allowing the defendant to rely on passive non-resistance or past acts by the complainant to excuse their behaviour. ",

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AB - Australian rape law has moved towards an affirmative consent standard, with recent reforms in New South Wales, the Australian Capital Territory and Victoria exemplifying this trend. Professor Crowe, Dr Burgin and Ms Edwards’s research found that the mistake of fact excuse as applied in Western Australia undermines this approach, allowing the defendant to rely on passive non-resistance or past acts by the complainant to excuse their behaviour.

UR - https://www.wa.gov.au/organisation/law-reform-commission-of-western-australia

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Submission to the Law Reform Commission of Western Australia Review on Sexual Offences: Mistake of Fact Excuse in Rape and Sexual Assault Law

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