The commission aims to update state legislation and maximum penalties
The Law Reform Commission of Western Australia is calling for public feedback as part of the commission's review of sexual offence laws.
The commission aims to update Western Australia's sexual offence laws and maximum penalties. Last year, the commission published a discussion paper in two volumes: the first volume deals with the law of consent and the mistake of fact defence. It also considers issues relating to objectives and guiding principles, jury directions, special verdicts and the implementation and monitoring of reforms. The second volume focuses on the sexual offences that should be included in the Criminal Code and the maximum penalties that should be set for those offences.
The commission has called for public submissions in response to the two volumes of the discussion paper as part of its review of these sexual offence laws. The commission released the first volume of the discussion paper in December last year following attorney general John Quigley's request for the commission to consider potential reforms and make recommendations about modernising the state's approach to sexual offending.
The second volume also:
- considers the definitions of terms used in sexual offence laws and asks whether they should be modernised or amended;
- examines the substantive sexual offences currently contained in WA law and asks whether these provide sufficient protection;
- considers whether any existing sexual offences are outdated and should be modernised or amended; and
- examines the maximum penalties for sexual offences and asks whether they should be amended.
Women's interests minister Sue Ellery added, "This review is an important opportunity for Western Australians to play a part in deciding how our laws can be amended to reflect changes in social expectations. Considering these issues and providing feedback is an important step towards achieving just outcomes for victim-survivors of sexual violence."
The review process allows the commission to examine issues, including the definition of consent, the defence of mistaken belief in consent, the directions given to juries in sexual offence trials, and substantive sexual offences and their maximum penalties. The submission deadlines are 17 March for the first volume, and 6 April for the second volume.
Quigley commented, "I thank the Law Reform Commission for its efforts scrutinising existing laws and look forward to receiving its recommendations."
The commission will make recommendations in its final report, to be completed by 1 July. The discussion paper's two volumes and a background paper, as well as information on how to make a submission or feedback, can be viewed on the commission's website.
