Sundari Anitha and Aisha Gill, Coercion, Consent and the Forced Marriage Debate in the UK, Feminist Legal Studies, 2009
Lillian Artz and Dee Smythe, Feminism vs. the State?: A Decade of Sexual Offences Law Reform in South Africa, Agenda: Empowering Women for Gender Equity, 2007
Larissa Behrendt, Consent in a (Neo)Colonial Society: Aboriginal Women as Sexual and Legal ‘Other,’ Australian Feminist Studies, 2000
Janine Benedet and Isabel Grant, Sexual Assault and the Meaning of Power and Authority for Women with Mental Disabilities, Feminist Legal Studies, 2014
Michal Buchhandler-Raphael, The Failure of Consent: Re-conceptualizing Rape as Sexual Abuse of Power, Michigan Journal of Gender & Law, 2011
Kristin Bumiller, Rape as a Legal Symbol: An Essay on Sexual Violence and Racism, University of Miami Law Review, 1987
Judith Butler, Sexual Consent: Some Thoughts on Psychoanalysis and Law, Columbia Journal of Gender and Law, 2011
Adrienne D. Davis, Bad Girls of Art and Law: Abjection, Power, and Sexuality Exceptionalism in (Kara Walker’s) Art and (Janet Halley’s) Law, Yale Journal of Law and Feminism, 2011
Sarah Deer, Toward an Indigenous Jurisprudence of Rape, Kansas Journal of Law and Public Policy, 2004
Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty, Wicazo Sa Review, 2009
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Katherine M. Franke, Theorizing Yes: An Essay on Feminism, Law and Desire, 2001
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Law Reform Regarding Sexual Assault
Law reform is when law is introduced or an existing law is altered to improve, make more relevant or patch up a hole in our law. The issue of sexual assault is becoming increasingly prominent it today’s society. Because societies view on this issue, and growing awareness, past laws on sexual assault have failed to cover the needs of society today. This has lead to significant law reform over the past decade.
The Criminal Procedure Amendment (Sexual Offence Case Management) Act (NSW) was introduced in 2005 which updated the previous act the previous act, The Criminals Procedure Act from 1986 (NSW). The amendment changes how sexual assault cases are managed and is designed to minimize the stress and trauma on complainants giving evidence, who now don’t have to prepare themselves to give evidence every time a trial is scheduled and rescheduled. This reform has come about due to this issue becoming more apparent in society and as we have more understanding about sexual assault than we did in 1986.
Other acts that have been modified due to law reform in the area of sexual assault include the
• Criminal Procedure Amendment (Evidence) Act 2005 (NSW), amending the past Criminal Procedure Act of 1986 (NSW).
• Criminal Procedure Further Amendment (Evidence) Act 2005 (NSW)
• And the Crimes Amendment (consent-sexual assault offences) Act 2007 (NSW)
These legislation change the way we deal with matters of serious sexual assaults, which has largely been brought upon by a change in social attitudes regarding sexual crimes and this will without a doubt will lead to future court decisions rethinking the law in a way that leads to further law reform as well as have a more impact on justice for all involved.
Agencies such as The Criminal Justice Sexual Offences Taskforce, The New South Wales Rape Crisis Centre and the New South Wales Bar Association are all to do with law reform. For example the Criminal Justice Sexual Offences Taskforce...