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- Title
FRAUDULENT SEX CRIMINALISATION IN AUSTRALIA: DISPARITY, DISARRAY AND THE UNDERRATED PROCUREMENT OFFENCE.
- Authors
CHEN, JIANLIN
- Abstract
This article critically investigates the criminalisation of fraudulent sex across Australia's eight states and territories. Through situating the statutory definition of sexual consent alongside the respective treatment of the procurement offence (a sexual offence that punishes obtaining sex through any false representation), this article identifies the four distinct approaches of criminalising fraudulent sex and demonstrates the surprising stark divergence in legal outcomes. This article argues that the approaches adopted by half of the surveyed jurisdictions are flawed from the perspective of legislative design, and highlights the deficient legislative processes that failed to pay due regard to the procurement offence. In this regard, this article proposes statutory reform to enhance the coherency and clarity of fraudulent sex criminalisation.
- Subjects
SEX crimes; STATUTORY interpretation; SEXUAL intercourse; SEXUAL consent; DECRIMINALIZATION
- Publication
University of New South Wales Law Journal, 2020, Vol 43, Issue 2, p581
- ISSN
0313-0096
- Publication type
Article