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Setting the boundaries of child sexual assault: consent and mistake as to age defences

Citation

Warner, K, Setting the boundaries of child sexual assault: consent and mistake as to age defences, Melbourne University Law Review, 36, (3) pp. 1009-1036. ISSN 0025-8938 (2013) [Refereed Article]


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Copyright 2012 The University of Melbourne

Official URL: http://www.mulr.com.au/issues/36_3/36_3_6.pdf

Abstract

Many changes have been made to the substantive criminal law relating to child sexual assault in recent decades in response to the recognition of the problems and risks associated with child sexual abuse. Considerable differences between jurisdictions have emerged in offence structures and in relation to the defences of consent and mistake as to age. This article argues that attempts to better protect children and young people from sexual abuse and exploitation have resulted in the over-criminalisation of sexual behaviour between young people and the creation of absolute liability offences that have the potential for grave injustice. A model for the defences of consent and mistake as to age is suggested which sets appropriate boundaries for the criminal law without diminishing the law's protection of children from sexual abuse by adults.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Criminal Law and Procedure
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Criminal Justice
Author:Warner, K (Professor Kate Warner)
ID Code:86738
Year Published:2013
Web of Science® Times Cited:2
Deposited By:Law
Deposited On:2013-10-16
Last Modified:2018-03-08
Downloads:0

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