National Review of Child Sexual Abuse and Sexual Assault Legislation in Australia

By Christopher Dowling,  Siobhan Lawler,  Laura Doherty,  Heather Wolbers 

This is the Australian Institute of Criminology’s (AIC) national review of child sexual abuse and sexual assault legislation. The Australian Attorney-General’s Department (the Department) commissioned this review to support implementation of the Standing Council of Attorneys-General (SCAG) Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022–2027 (the Work Plan), under which all jurisdictions agreed to take collective and individual action. Specifically, this review supports SCAG Work Plan Priority 1 (‘Strengthening legal frameworks to ensure victims and survivors have improved justice outcomes and protections’) and aligns with the following corresponding action: 1.1 Criminal laws: Review the criminal offences and legal definitions (including consent) relating to sexual offending in the context of the unique characteristics of each jurisdiction’s legislative framework and criminal justice system and, if necessary, consider progressing and implementing appropriate reforms. The national review also responds to concerns expressed by advocate Grace Tame during a presentation at the November 2021 Meeting of Attorneys-General around the inconsistencies in child sexual abuse and sexual assault laws across Australia. Importantly, this review is being undertaken in the wake of the Royal Commission into Institutional Responses to Child Sexual Abuse, which recommended a series of reforms to the criminal justice system (2017: 194). Although Commonwealth offences were strengthened in response to the Commission’s recommendations, Australian states and territories are at different stages of implementing the recommended reforms. The review broadly addresses these research questions: 1. What is the nature and scope of sexual assault and child sexual abuse legislation in Australia? 2. What differences and similarities (if any) are there between sexual assault and child sexual abuse legislative frameworks in Australia? 3. What impact (if any) do legislative inconsistencies have on: a. the investigation and prosecution of sexual assault and child sexual abuse matters in the criminal justice system; and b. the ability of victims and survivors to receive the support they require? 4. What are the barriers/challenges to achieving consistency in child sexual abuse and sexual assault legislation in Australia? 5. What are the gaps in current legislation for responding to new and emerging trends in sexual violence? 6. What does ‘best practice’ in relation to sexual assault and child sexual abuse legislation look like?   

Canberra:  Australian Institute of Criminology 2024 . 375p.