The Law Reform Commission of Western Australia is currently examining issues including the definition of consent, the defence of mistaken belief in consent, the directions given to juries in sexual offence trials, our substantive sexual offences and their maximum penalties.
CWSW believes that there are several key areas in which the Code should be reformed that include:
- Adopting an affirmative model of consent
- Addressing intimate partner violence
- Specifying objectives and guiding principles concerning sexual offending
- Providing a comprehensive definition of consent that includes stealthing as a
- circumstance in which consent is negated
- Developing jury directions to be clear and understandable
- Removing the operation of the mistake of fact defence.
Please see the CWSW submission here