Abstract

http://ssrn.com/abstract=2181780
 


 



Did She Consent? Law and the Media in New South Wales


Tahlia Dwyer


Independent

Patricia L. Easteal


University of Canberra - Faculty of law

Anthony Hopkins


University of Canberra – Faculty of Law

2012

17(4) Alternative Law Journal 249-253, 2012

Abstract:     
Legislative reform to the law of sexual assault in New South Wales in 2007 emphasises that those who wish to engage in sexual intercourse must take steps to ensure that they do so with consent. The new laws’ intent was to ensure free, voluntary and communicated consent, and to punish those who take advantage of the intoxication of their victim, or seek to hide behind their own intoxication. Further, the intent was to promote awareness and expectation with respect to acceptable consensual sexual activity. This article identifies a discord between this legislative intent and the reporting and commentary in the newsprint media which continues to focus on victim intoxication and behaviour as a matter of ‘risk’. The contention here is that until the legislative intent is reflected in the newsprint media the national conversation on sexual assault will remain impoverished, limiting the potential to focus the spotlight on perpetrators.

Number of Pages in PDF File: 6

Keywords: Consent laws, sexual assault law reform, intoxication, media reportage

JEL Classification: K00

Accepted Paper Series





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Date posted: December 9, 2012 ; Last revised: July 18, 2013

Suggested Citation

Dwyer, Tahlia and Easteal, Patricia L. and Hopkins, Anthony, Did She Consent? Law and the Media in New South Wales (2012). 17(4) Alternative Law Journal 249-253, 2012. Available at SSRN: http://ssrn.com/abstract=2181780

Contact Information

Tahlia Dwyer
Independent ( email )
Patricia L. Easteal (Contact Author)
University of Canberra - Faculty of law ( email )
Australia
+61 (0)2 6201 5779 (Phone)
+61 (0)2 6201 5764 (fax) (Fax)
Anthony Hopkins
University of Canberra – Faculty of Law ( email )
Australia
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