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‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991

‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape)... This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 andexamines the role which social science research played in the development ofthis legislation. The Crimes (Rape) Act was modelled closely on a report of theLaw Reform Commission of Victoria. In preparing this report, the Commissionundertook a comprehensive quantitative study of rape prosecutions in Victoria,as well as drawing on empirical studies from other jurisdictions. The paperconcludes that the impact of the research on the development of the legislationwas limited by a number of factors: the decision-making process was relativelyunstructured, involved a large number of players, was highly politicised, andhad a high symbolic content. However, the collection and dissemination ofreliable data did take some of the heat and hyperbole out of the debate, andthereby facilitated a more constructive dialogue. This factor alone made theresearch worthwhile, given that the rape law reform had in the past been ahighly divisive issue in Victoria. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991

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References (4)

Publisher
SAGE
Copyright
© The Australian and New Zealand Society of Criminology and Authors, 1994
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486589402700110
Publisher site
See Article on Publisher Site

Abstract

This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 andexamines the role which social science research played in the development ofthis legislation. The Crimes (Rape) Act was modelled closely on a report of theLaw Reform Commission of Victoria. In preparing this report, the Commissionundertook a comprehensive quantitative study of rape prosecutions in Victoria,as well as drawing on empirical studies from other jurisdictions. The paperconcludes that the impact of the research on the development of the legislationwas limited by a number of factors: the decision-making process was relativelyunstructured, involved a large number of players, was highly politicised, andhad a high symbolic content. However, the collection and dissemination ofreliable data did take some of the heat and hyperbole out of the debate, andthereby facilitated a more constructive dialogue. This factor alone made theresearch worthwhile, given that the rape law reform had in the past been ahighly divisive issue in Victoria.

Journal

Australian & New Zealand Journal of CriminologySAGE

Published: Jun 1, 1994

There are no references for this article.