Is the law outdated.

[Neferti]

Is there a statute of limitation for sexual assault in Australia?

[sprintcyclist]

Apparently sexual abuse can be hard to prove.

there are rarely witnesses and might be no evidence.
It came come down to who has the more credibility.

It is the crown against the defendant.
I think there are ideas on how to vary these cases.

It'll take a long time.

[sprintcyclist]

Is there a statute of limitation for sexual assault in Australia?

I think not

[Black Orchid]

Setting aside the two "cases" that are in the public eye at the moment....
I have had this discussion many times over the years and nothing was ever resolved...
The discussion Im referring to is this...
Should an accused, in sexual assault cases, be compelled to give evidence.
My argument is that with sexual assault cases, both the accused and the accuser
should both give evidence which can be tested under cross examination by the lawyers...
I understand that the burden of proof is on the accuser to prove the assault took place, (beyond reasonable doubt)
however I have always felt that the court should be given both persons version of what
happened in sexual assault cases.
After all...there are only two people involved...both should be heard....
Having the accuser's version only in my opinion gives too much bias...
Im wondering if studies should be undertaken to ascertain how many women
would come forward to complain of sexual assault if they knew the accused had to
give evidence.
The situation of mistaken consent would also be clarified if the accused was in the
witness box giving his version of the circumstances, rather than the accuser answering
questions until she breaks down in the witness box and becomes an "unreliable witness"
The purists amongst us would say no..he doesnt have to give evidence...in accordance
with the rules of evidence and legal jurisprudence...
Im saying that maybe the rules need to be changed......
In some cases (Jarryd Hayne for example) the accused gives evidence to refute the
claims of the accuser...
I dont think this should be a matter of choice....
I dont think cultural changes will ever occur in this area simply by teaching
children/young adults to be nice towards one another...

I think this varies from state to state but when you force someone to give evidence it opens the door to perjury. If I was accused of a crime I did not commit I'd want to defend myself but not everyone wants to do that for whatever reason.

[billy the kid]

https://www.msn.com/en-au/news/australi ... d=msedgntp
I am totally gobsmacked at the absolute stupidity of this announcement by a person who should know
better....
An app to indicate consent has been given to sex.....
Is this what the world has come to....
The recording of consent on an app....
Doesnt the Commissioner realise that this consent could be given under duress...
What if one or both of the parties are intoxicated...
Does the consent have to be recorded on his phone and her phone, or just her phone..
What if the male has access to the females phone and records the consent in her absence...
Fuller should know better than to make this absolutely ludicrous suggestion....
At least the NSW Law Reform Commission has made 44 suggestions in a 250 page report on reforms
to consent law to Parliament in November last year...
Of course, with the incompetence of our politicians, it will take years for any of the suggestions
to be implemented..
But this report in itself beggars belief....
What is so complicated about consent....
Why is a 250 page document needed to recommend to men that when someone says "no"
thats it....
The problem is in the homes and incompetent parenting...
Add drugs and alcohol and you have the society we now live in....
BUT I digress...

[Black Orchid]

Bizarre!

[billy the kid]

Fuller has been pilloried left right and centre for this ludicrous suggestion....
Game set and match....wont happen....

[Black Orchid]

If you can force someone into 'sex' you can obviously force them into typing a consent into their phone right? Or do it yourself for that matter. What a ludicrous thought bubble that was. He's obviously a loony leftist.

[billy the kid]

https://www.news.com.au/national/queens ... iolence/ne
Wonderful to see this young man stepping forward and speaking in a manner
which our political leaders could copy...
Compare his speech with the rabble we see in Parliaments all over the country...
Something is very wrong with Australia when people like Mason Black, Grace Tame and
Brittany Higgins all step forward and speak about our "culture"
Our laws are outdated...they need to change...
Penalties need to be increased, rather than courts opting for rehabilitation...