South Australian Court Makes Controversial Rape Ruling
The Court of Criminal Appeal in South Australia cleared the record of a man who had been found guilty by a jury of raping a woman. The 54-year-old defendant allegedly offered to give a woman a ride, then forced her to perform fellatio and have sex with him, according to the woman. The jury found him guilty of forced intercourse, but not of forcing oral sex. At the appeals level, the court ruled 2-1 that the decision was "illogical" and "unacceptable" because intercourse in one encounter cannot be both consensual and nonconsensual. The appeals court erased the defendant's criminal record.
This decision has caused uproar among women's groups who fear that the lines between consensual sex and rape will be weakened in the legal system. Said Yarrow Place Rape and Sexual Assault Service Director Vanessa Swan, "If someone says yes to a single sex act and then says no to a second, continuing should be considered rape. Anyone with common sense would think that, but the difficulty is translating common sense into the law," Australia News Limited reports.
The State Government has pledged to consider new laws that would deem sex as rape, even if consent is withdrawn at anytime throughout the act.
Media Resources: Australia News Limited 3/20/07; Feministing.com 3/22/07
12/9/2013 Mixed Results for Afghanistan's Anti-Violence Against Women Law - The United Nations Assistance Mission in Afghanistan (UNAMA) and the Office of the UN High Commissioner for Human Rights (OHCHR) released their annual report on violence against women in Afghanistan yesterday, revealing mixed results of the country's Elimination of Violence against Women Law.
"A Way to Go: An Update on Implementation of the Law on the Elimination of Violence against Women in Afghanistan [PDF]," found that there was a 28 percent increase in reports of violence against women from 2012 to 2013 , but only 17 percent of those were prosecuted under EVAW - a small 2 percent increase from last year.
The law, which was issued by the executive decree of President Hamid Karzai in 2009, criminalizes 22 acts of violence against women and specifies punishment for perpetrators. . . .