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Showing posts with the label social justice

Review of Consent Laws: An Update

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As I’ve written previously ( click here ), the laws surrounding sexual consent in NSW have a patchy grey area. In NSW, when someone is on trial for sexual assault, the crown has to prove beyond a reasonable doubt that the complainant did not consent. NSW laws are structured in a way that puts the onus of proof on the victim: the victim must prove they did not give consent. The best practice example of consent laws in Australia is said to be either Tasmania or Victoria, wherein (according to Anthony Whealy QC, a former Justice of the Supreme Court of NSW): “the crown must prove that the complainant gave free agreement to sexual intercourse taking place ... and the judge is asked to direct the jury that if the complaint said or did nothing at the time of the sexual intercourse, that means she did not give her free agreement.” As I’ve stated previously, this change switches the focus from the complainant to the accused. In this case, instead of focusing on the ways the complainant ...

The Murder of Eurydice Dixon and Naming The Problem

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I’m writing this for Eurydice Dixon, who was raped and murdered by a man as she walked home from a comedy gig, but I’m also writing this for all of us.  Eurydice Dixon struck a chord with us, especially women I think, because she could have been any of us. We can all relate to her. Even though she is, devastatingly, the thirtieth Australian woman murdered this year according to Destroy the Joint , Eurydice’s story is absolutely universal. We’ve all had to get home alone, maybe not from a gig, but from a bar or friend’s house or even just from work, at some point. And if not all of us, then the vast majority, have felt the powerlessness of being harassed or intimidated by a man. Most of us can recall feeling scared the harassment we’ve endured might’ve escalated. I have a six-minute walk from my closest train station to my door, and I have been harassed on the way home. In the space of six minutes. Multiple times. I think we relate to Eurydice so strongly, because most, if not al...