2023 Criminal Law CPD Series:

Non-consensual sexual offence law reform in Western Australia

Substantive Law
CPD Points: 1.5

About

The Attorney-General of Western Australia has asked that State’s Law Reform Commission to review Western Australia’s sexual offence laws. On 23 December 2022, the Commission published a Discussion Paper that deals with, among other things, the law relating to sexual consent and the operation of honest and reasonable mistake of fact in non-consensual sexual offence proceedings. This seminar will consider the various reform options. It will particularly focus on how the law should define ‘consent’; vitiating circumstances such as mistakes and threats; and the circumstances in which the honest and reasonable mistake of fact excuse should be available to a person accused of non-consensual sexual offending. There will be some discussion of recent law reform activity in this area in other Australian jurisdictions – most notably, New South Wales, Queensland and Victoria.

Presenter

Dr Andrew Dyer is a Senior Lecturer at the University of Sydney Law School and has been a Director of the Sydney Institute of Criminology since 1 January 2021. His research concerns criminal law and human rights law and the relationship between them.