Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism

In recent decades, a disturbing trend has emerged in Victoria and elsewhere that has witnessed the emergence of statutory rules that accord preferential treatment to prosecutors and complainants in instances where allegations of rape are made. This article examines not only the manifestations of such treatment in the form of Victorian crime legislation, but the means by which the statutory crime of rape in Victoria has been transformed into an offence which, though technically one of mens rea, can effectively be prosecuted as an offence of absolute liability. The piece concludes with a discussion of the likely reasons for this trend as well as the implications of allowing such a serious offence to be prosecuted as one of absolute liability.

Prison rape : is it okay to make jokes about rape in prison?

The trivialisation of sexual violence through what passes as humour is much less common than it once was. Jokes about rape are not innocent, are not harmless fun, are not unconnected to the horrible crime they make light of. Their gradual marginalisation represents social change of real importance. But there is one last refuge of the rape joke in mainstream popular culture, and its continued presence reflects a shameful blind spot in our society. It is a joke which conceals a horrible and damaging reality which is somehow both a taboo topic and a truth universally acknowledged.

A picture that circulated widely on Facebook and other social media last year captures the horror in the humour. It is a picture of a man’s back, decorated with a huge image of an alluring, naked woman, with the man’s buttocks marked to look like breasts. The caption: This man had what he thought was the best tattoo in the world . . . until he went to prison. How can a gag about a man being anally raped while in prison be widely popular, seen as funny, a giggle to share? Were the prospective victim a child or a woman, or were the rape in almost any other setting, the reaction would surely be revulsion and anger. Jail rape, though, somehow remains funny.

The chaotic state of the law of rape in Victoria: a mandate for reform

This article is intended as a final commentary and sequel to two earlier articles in this journal that have examined the arcane and circular wording of s. 37AA of the Crimes Act 1958 (Vic) and its patent incompatibility with ss 36 and 38 of that Act that define the elements of rape. In particular, this article will revisit many of the essential points raised in the first two articles in order to afford readers with an appropriate backdrop against which the Victorian Court of Appeal’s decision in GC v The Queen will be examined. The article concludes with a strenuous recommendation that s. 37AA be repealed or substantially amended in order to comport with ss 36 and 38 as well as the Court of Appeal’s decision in NT v The Queen that significantly reshaped the Morgan principle.

Behavioural characteristics of rapists

A substantial proportion of past research on rapists has focused on their motives. This paper reports on two studies that investigated the behavioural characteristics of rapists. The first study gathered behavioural data from police rape files to determine the types of behaviours exhibited by 130 men charged with rape. The second study was designed to validate the behavioural clusters found in study 1, using the transcripts of court cases from a sample of 50 accused rapists. The results demonstrated a high level of consistency in the behaviours of the accused rapists in the two studies. Rapists were most frequently a stranger, the rape occurred frequently in the victim's home, and the rapist used a range of different ways to communicate verbally with his victim. Five behavioural themes were identified in both studies: vaginal, kissing/fondling, oral, anal and brutal/physical themes. This analysis of the behavioural aspects of rape provides an understanding of the types of behaviours exhibited by men who reach the stage of court proceedings for the crime of rape. The difference between the current behavioural profile and that reported by members of the general community who have experienced rape is discussed.

Giving content to the principle of proportionality: happiness and pain as the universal currency for matching offence seriousness and penalty severity

The principle of proportionality prescribes that the punishment should equal the crime. It is one of the most important principles of sentencing. Yet, despite its widespread acceptance it offers no meaningful guide to sentencing. Hence penalty levels fluctuate greatly between jurisdictions and within jurisdictions. This is because there is no universally agreed criterion for measuring offence seriousness or penalty severity. This article suggests that the appropriate criteria for matching offence seriousness and penalty severity is the level of unhappiness or pain stemming from each of these impositions. Thus, for example, the level of pain meted out to a rape offender should equal the level of pain caused to a rape victim. Emerging scientific studies on human well-being and happiness show that human beings are similarly built in terms of the experiences that are either conducive or inimical to well-being. This commonality provides a strong foundation to be confident to make reasonably accurate predictions concerning the extent to which adverse events, such as being the victim of a criminal offence or subjected to a form of criminal sanction will stifle human flourishing. This will then allow us to match accurately offence seriousness and penalty level.

Defining fraud: issues for organizations from an information systems perspective

Fraud is one of the besetting evils of our time. While less dramatic than crimes of violence like murder or rape, fraud can inflict significant damage at organizational or individual level.

Fraud is a concept that seems to have an obvious meaning until we try to define it. As fraud exists in many different guises, and it is necessary to carefully define what it is and to tailor policies and initiatives accordingly.

Developing a definition of fraud is an early step of a prevention program. In order to be involved in the protection function, people at all levels of an organization must be knowledgeable about fraud. In this paper, we discuss the risk of fraud from an information systems perspective, explain what fraud is and present a range of definitions of fraud and computer fraud. We argue that without clearly defining fraud, organizations will not be able to share information that has the same meaning to everyone, to agree on how to measure the problem, and to know the extent of the problem, in order to decide how much and where to deploy resources to effectively solve it.

Delphi expert consultation. Final report. Report to Department of Health, Victims of Violence and Abuse Prevention Programme

This report presents the results of one piece of research conducted as a part of the VVAPP programme, namely a three round Delphi consultation. This Delphi consultation was undertaken to identify where there is and is not consensus among experts about what is known and what works in the treatment and care of people affected by child sexual abuse, domestic violence and abuse, and rape and sexual assault. While helping to identify areas of agreement and disagreement about effective mental health service responses, the consultation will also support the evidence base derived from the literature review that is being undertaken as part of the wider VVAPP programme of work

Female university students' perceptions of a sexual assault when victim and perpetrator gender are varied

This study examines the general impressions and blame attributions of Trinidadian university students in cases of sexual assault. Participants were 132 female students from the University of the West Indies, Faculty of Social Sciences. Each respondent read one of four sexual assault scenarios, in which victim and perpetrator gender were varied. Participants' impressions of the incident, opinions about each party's behaviour, blame attributions, attitudes about reporting the incident to the police, desired outcome, and their reasons for these were then assessed. Consistent with Burt's rape myth theory, the qualitative and quantitative results showed a tendency for participants to attribute an internal locus of control to female victims, and to blame them more than males. Although same sex events evoked significantly more emotional and disgust-related reactions, these reactions did not translate into different seriousness scores, or different ideas about whether the victim should report the incident to the police. Although respondents showed an ability to separate their initial reactions from their attitudes about the legal status of the event, many of the response patterns indicated gender role biases on the part of these future professionals.

Pathways to sex offending

The research of the thesis aimed to contribute to the theoretical understanding of the various pathways that offenders follow in committing sexual offences. Using grounded theory a theoretical model was generated which described four major pathways to sexual offending. Quantitative analyses revealed that offenders who take different pathways differ significantly in respect of their risk of recidivism, demographic variables, rape myth acceptance and aggression. The portfolio considered the limitations of sex offender treatment programs for treating sex offenders with histories of childhood sexual abuse and presented four case studies.

Colour of walls : incorporating the exegesis "Unfit for publication"

The thesis is presented in two parts: a novel and a theoretical essay. It is a broadly autobiographical work, concerning issues and events surrounding father-daughter rape. It is written from the mother's perspective, and deals with the impact of child sexual assault on the lives of two generations of working-class women.

Rapist typologies : are they empirically valid?

The aim of this thesis was to determine whether the behavioural characteristics of rapists were consistent with the rapist typologies in the literature. The results supported four rapist typologies: the anger, exploitative/power, power reassurance, and sadistic rapist. Some characteristics were common among all groups. These results empirically confirm previous theoretical proposals.

Domestic and sexual violence and abuse : findings from a Delphi expert consultation on therapeutic and treatment interventions with victims, survivors and abusers, children adolescents, and adults

This report presents the results of one piece of research conducted as a part of the Victims of Violence and Abuse Prevention Programme (VVAPP) in the UK, namely a three round Delphi consultation. This Delphi consultation was undertaken to identify where there is and is not consensus among experts about what is known and what works in the treatment and care of people affected by child sexual abuse, domestic violence and abuse, and rape and sexual assault. It enables the identification of areas of agreement and disagreement about effective mental health service responses, and thereby contributes to the evidence base in this area.

Sexual murderers' implicit theories

Interviews with 28 sexual murderers were subjected to grounded theory analysis. Five implicit theories (ITs) were identified: dangerous world, male sex drive is uncontrollable, entitlement, women as sexual objects, and women as unknowable. These ITs were found to be identical to those identified in the literature as being present in rapists. The presence of dangerous world and male sex drive is uncontrollable were present, or absent, such that three groups could be identified: (a) dangerous world plus male sex drive is uncontrollable; (b) dangerous world, in the absence of male sex drive is uncontrollable; (c) male sex drive is uncontrollable in the absence of dangerous world. These three groups were found to differ in motivation: (a) were motivated by urges to rape and murder; (b) were motivated by grievance, resentment and/or anger toward women; (c) were motivated to sexually offend but were prepared to kill to avoid detection, or secure compliance.

The identification of sexual and violent motivations in men who assault women : implication for treatment

A qualitative analysis of interview data with 41 rapists determined that five implicit theories (ITs) underlie rapists’ offense supportive beliefs/feelings/motives: (a) dangerous world (DW)—where men have feelings of generalized anger and/or resentment toward others; (b) women are dangerous—where men hold a set of attitudes that are hostile toward women; (c) women as sexual objects (WSO)—where women are seen as primarily sexual objects; (d) male sex drive is uncontrollable—where sexual urges are seen all consuming; (e) entitlement—where men feel that they can do exactly what they want. Consideration of whether DW or WSO ITs were present or absent indicated that three main groups could be identified: Group 1: violently motivated—presence of DW and/or absence of WSO; Group 2: sexually motivated—presence of WSO and/or absence of DW; Group 3: sadistically motivated—presence of DW and WSO. These results are discussed in terms of treatment needs of rapists.