Sexual assault laws will be examined in two separate reviews that have been ordered by the West Australian government and the outcomes are expected to lead to a major revamp of the justice system.
Attorney-General John Quigley said the aim was to ensure laws and practices delivered justice to victim-survivors and adequately reflected community expectations.
“There is growing awareness and deep concern in the community in relation to sexual offending,” he said in a statement on Tuesday.
“I am acutely aware that we need to continue to modernise our laws and processes to assist victim-survivors to get justice in every way we can.”
The Law Reform Commission of WA will review the sexual offence laws in the Criminal Code and provide advice on possible amendments.
The commission, which is chaired by former Supreme Court Justice Lindy Jenkins, will consider whether reform is needed, including the law of consent.
That will involve considering whether the concept of affirmative consent should be reflected in law, how mistakes and knowledge of consent should be dealt with, and factors that might invalidate consent such as coercion or fraud.
“Our consent laws should protect vulnerable people from sexual assaulxjmtzywt and act as strong deterrents for offenders who commit these despicable crimes,” Mr Quigley said.
A final report is due on July 1 next year.
The Office of the Commissioner for Victims of Crime at the Department of Justice will separately examine the entire process for victims, from the reporting of a sexual offence to the offender’s prison release.
This investigation will consider the experience of adult victim-survivors, the factors that contribute to the underreporting of sexual offences, and innovative ways for investigating and resolving complaints.
“The Department of Justice’s end-to-end review will be crucial in determining and fixing issues in the criminal justice system’s treatment of allegations of sexual offending,” Mr Quigley said.
Recommendations from the review will be provided to the state government by May 1, 2024.
Women’s Interests Minister Simone McGurk said too many lives were being impacted by “insidious crimes” involving sexual violence and assault.
“It is essential that victim-survivors feel confident and safe in bringing these matters to the criminal justice system,” she said.
“I welcome the commencement of these concurrent projects which, together, will ensure our sexual offence laws are appropriate and that the experience of victims who interact with the criminal justice system is as respectful, compassionate and empowering as possible.
“It is important that any attitudes that blame women for their victimisation do not play a role in justice outcomes.”
