Relevant bibliographies by topics / Sexual consent – New South Wales – History

Academic literature on the topic 'Sexual consent – New South Wales – History'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Sexual consent – New South Wales – History"

1

Stardust, Zahra, Johann Kolstee, Stefan Joksic, James Gray, and Siobhan Hannan. "A community-led, harm-reduction approach to chemsex: case study from Australia’s largest gay city." Sexual Health 15, no. 2 (2018): 179. http://dx.doi.org/10.1071/sh17145.

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Rates of drug use remain substantially higher among gay and bisexual men (GBM) and people living with HIV (PLHIV) in Sydney, New South Wales, Australia. The use of drugs to enhance sexual pleasure within cultures of Party and Play creates opportunities to discuss sexual health, mental health, consent and wellbeing. Community organisations with a history of HIV prevention, care, treatment are well-placed to respond. ACON’s (formerly the AIDS Council of New South Wales) multi-dimensional response to ‘chemsex’ includes: direct client services support for individuals seeking to manage or reduce their use; health promotion activities that support peer education; partnerships with research institutions to better understand cultures of chemsex; and policy submissions that call for drug use to be approached as a health, rather than a criminal, issue. The approach speaks the language of Party and Play subcultures; employs culturally relevant terminology and imagery; uses content designed, created and delivered by peers; and operates within a pleasure-positive, harm-reduction and community-led framework. These interventions have led to increased service uptake, strong community engagement, robust research partnerships and the recognition of GBM as a priority population in relevant strategies.
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2

Monaghan, James, and Gail Mason. "Communicative consent in New South Wales: Considering Lazarus v R." Alternative Law Journal 43, no. 2 (June 2018): 96–101. http://dx.doi.org/10.1177/1037969x18767670.

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In this article, we consider the influence of the communicative model of consent in New South Wales. After outlining the model, we argue that it stood behind 2007 reforms to the law of sexual assault in New South Wales. Then, we analyse a recent appellate decision, Lazarus v R [2016] NSWCCA 52, asking whether the communicative ideals that underpinned the 2007 amendments are evident in the legal discourses in the judgments. We argue that communicative ideals remain under-realised in the discourses.
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3

Lancaster, Judith. "Who benefits from the equalising of age of consent provisions?: A critical analysis of the Wood Royal Commission Paedophile Inquiry recommendation for a lower minimum age of consent." Children Australia 26, no. 1 (2001): 34–38. http://dx.doi.org/10.1017/s1035077200010087.

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When the Wood Royal Commission into the New South Wales Police Service released its final Report on the Paedophile Inquiry in August 1997, its recommendation to remove the distinction between heterosexual and female homosexual sex and male homosexual sex by lowering the age currently set for the latter category surprised many citizens. There was concern, firstly, about the fact that the lack of satisfactory protective mechanisms in the prevailing laws would escape investigation and, secondly, that acts previously understood to be paedophilia and pederasty would be de-criminalised, thereby increasing the vulnerability of young Australians to sexual predators.The Crimes Amendment (Sexual Offences) Bill, introduced into the New South Wales Parliament in October 1997, and reintroduced in 1999, suggests a firm determination to implement the Royal Commission recommendation on consent, notwithstanding the fact that such change would be implemented in the absence of community debate and without addressing the implications of de-criminalisation. Although the Bill was rejected in the Upper House on both occasions, it is believed that further attempts will be made in the near future and, again, it will be in the absence of broad community debate. It is also widely believed that, should a change of this nature be implemented in New South Wales, it will have implications for children in other states across Australia.This paper explores the implications of equalising at a lower rather than higher minimum age of consent.
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4

Khan, Asaduzzaman, David Plummer, Rafat Hussain, and Victor Minichiello. "Sexual risk assessment in general practice: evidence from a New South Wales survey." Sexual Health 4, no. 1 (2007): 1. http://dx.doi.org/10.1071/sh06012.

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Background: Physicians’ inadequate involvement in sexual risk assessment has the potential to miss many asymptomatic cases. The present study was conducted to explore sexual risk assessment by physicians in clinical practice and to identify barriers in eliciting sexual histories from patients. Methods: A stratified random sample of 15% of general practitioners (GP) from New South Wales was surveyed to assess their management of sexually transmissible infections (STI). In total, 409 GP participated in the survey with a response rate of 45.4%. Results: Although nearly 70% of GP regularly elicited a sexual history from commercial sex workers whose presenting complaint was not an STI, this history taking was much lower (<10%) among GP for patients who were young or heterosexual. About 23% never took a sexual history from Indigenous patients and 19% never elicited this history from lesbian patients. Lack of time was the most commonly cited barrier in sexual history taking (55%), followed by a concern that patients might feel uncomfortable if a sexual history was taken (49%). Other constraints were presence of another person (39%) and physician’s embarrassment (15%). About 19% of GP indicated that further training in sexual history taking could improve their practice. Conclusions: The present study identifies inconsistent involvement by GP in taking sexual histories, which can result in missed opportunities for early detection of many STI. Options for overcoming barriers to taking sexual histories by GP are discussed.
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5

Redmayne, Mike. "Myths, Relationships and Coincidences: The New Problems of Sexual History." International Journal of Evidence & Proof 7, no. 2 (March 2003): 75–101. http://dx.doi.org/10.1177/136571270300700201.

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This article reviews recent developments in the law governing the admissibility of sexual history evidence in England and Wales. After the decision of the House of Lords in R v A (No. 2), the law reflects a consensus that the complainant's sexual history with third parties is generally irrelevant to the issue of consent in rape trials. In the first part of this article, the justifications for this conclusion are questioned; it is suggested that the relevance of sexual history is a more complex issue than it is usually acknowledged to be. The second part of the article uses points made in the first to question the way in which concepts drawn from the law on similar fact evidence have been used as the admissibility framework for sexual history. Aspects of the decision in R v A are examined in detail.
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6

McLoughlin, Kcasey, and Alex O’Brien. "Feminist Interventions in Law Reform: Criminalising Image-Based Sexual Abuse in New South Wales." Laws 8, no. 4 (December 9, 2019): 35. http://dx.doi.org/10.3390/laws8040035.

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Feminist legal theorists have had something of an uneasy relationship with law reform. Although feminist academics and lawyers have contributed much to law reform efforts that have sought to improve women’s lives, feminists have nonetheless taken divergent positions regarding the extent to which these efforts can truly dismantle the masculinist character of law through law reform projects. This article revisits these tensions and, in so doing, seeks to better understand the extent to which feminists can meaningfully contribute to law reform projects. The criminalisation of image-based sexual abuse in New South Wales (Australia) serves as a case study to examine and re-examine these tensions. In September 2016, the New South Wales government announced that it was proposing to criminalise the distribution of certain images without consent. Following a public consultation process, the government legislated for a new offense directed at the distribution of these images. Although there is certainly not one all-encompassing feminist understanding of image-based sexual abuse, the importance of understanding this practice as abuse and as existing within a culture that normalises and sustains nonconsensual activity nonetheless has been a key feminist concern in agitating for law reform in this area. This article examines the extent to which the legislative response took seriously the harms engendered by image-based sexual abuse.
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7

Burgin, Rachael, and Jonathan Crowe. "The New South Wales Law Reform Commission Draft Proposals on consent in sexual offences: a missed opportunity?" Current Issues in Criminal Justice 32, no. 3 (July 2, 2020): 346–58. http://dx.doi.org/10.1080/10345329.2020.1801151.

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8

Peers, Chris. "A Homo-sexual ideology in the history of New South Wales art education." Pedagogy, Culture & Society 10, no. 1 (March 2002): 5–20. http://dx.doi.org/10.1080/14681360200200133.

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9

Dyer, Andrew, and Thomas Crofts. "Reforming non-consensual sexual offences in Hong Kong: How do the Law Reform Commission of Hong Kong's proposals compare with recent recommendations in other jurisdictions?" Common Law World Review 51, no. 3 (September 2022): 145–71. http://dx.doi.org/10.1177/14737795221116396.

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In this article, we consider the reforms to non-consensual sexual offences that the Law Reform Commission of Hong Kong (‘LRCHK’) has recently advocated in its Final Report about the law relating to sexual offending in that jurisdiction. We argue that a comparison between the LRCHK's proposals and those supported in recent years by Law Reform Commissions in other jurisdictions – most particularly, in New South Wales (‘NSW’) and Queensland – reveals the LRCHK's recommendations generally to be sensible, balanced and progressive. The LRCHK's approach to the question of what it is to consent, and to the issue of how a person withdraws consent, is preferable to that supported by the NSW Law Reform Commission (‘NSWLRC’). Further, it seems right to have supported an objective culpability requirement for the non-consensual offences with which it was concerned. And while there are difficulties concerning certain of the LRCHK's proposals – especially, perhaps, those pertaining to fraudulently procured sexual activity – the NSWLRC's and the Queensland Law Reform Commission's respective approaches to the last mentioned topic also seem imperfect.
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10

Hanrahan, Jane K., Tiffany R. Hogan, Cameron Buckley, Ella Trembizki, Hazel Mitchell, Colleen L. Lau, David M. Whiley, and Monica M. Lahra. "Emergence and spread of ciprofloxacin-resistant Neisseria gonorrhoeae in New South Wales, Australia: lessons from history." Journal of Antimicrobial Chemotherapy 74, no. 8 (June 6, 2019): 2214–19. http://dx.doi.org/10.1093/jac/dkz182.

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Abstract Objectives Our aim was to investigate the emergence and spread of ciprofloxacin resistance in clinical Neisseria gonorrhoeae isolates in New South Wales, Australia, from the first reported case in 1991 until ciprofloxacin resistance was sustained at or above the WHO threshold for treatment change of 5% (1999), to inform future strategies for controlling gonococcal antimicrobial resistance. Methods The index isolate and all subsequent clinical isolates of ciprofloxacin-resistant N. gonorrhoeae in New South Wales from 1991 to 1999 were genotyped using a previously described method on the Agena MassARRAY iPLEX platform. Region of acquisition data, where available, were used to determine whether cases were travel associated. Results In New South Wales, of the 325 ciprofloxacin-resistant N. gonorrhoeae isolates reported from 1991 to 1999, 98% (320/325) were able to be recovered and 100% (320/320) were genotyped. There were 66 different genotypes, comprising 1–99 isolates each. Notably no single clone was found to account for ciprofloxacin resistance being sustained in the population, with considerable variability in genotype prevalence observed throughout the study period. A total of 65% (209/320) of genotyped isolates had information regarding the likely place of acquisition; of these, 44% (93/209) were associated with overseas travel or sexual contact with an overseas visitor. The first ciprofloxacin-resistant N. gonorrhoeae in New South Wales was associated with travel to Thailand. Index cases of each resistant genotype were significantly more likely to have been acquired overseas (51.5%), predominantly in Asia (45%, 30/66). Conclusions The continued importation of multiple genotypes, rather than the expansion of a single genotype, led to ciprofloxacin-resistant N. gonorrhoeae being established in New South Wales.
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