Journal article

Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia

Peter D Rush

FEMINIST LEGAL STUDIES | SPRINGER | Published : 2011

Abstract

The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 takes up the technology of classification in rape law in order to generate a radical legal definition of rape-one which responds to the pain and suffering of the survivor of rape, at the same time as it holds the legal ins..

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University of Melbourne Researchers