Application of the law reform in Victoria to South Australia
It is difficult to strike a balance between fairness and justice. But the law of rape should take a more stringent approach in order to serve its deterrent effect. So, the strict liability approach should be taken in a broader perspective. That is, to cover not only sexual offences against people with impair mental functioning. On the other hand, the court can adopt measures such as pre-recorded evidence in order to protect the victims and increase the strength and credibility of evidence given by them.
At the same time, the defence of honest and reasonable belief should be available. Objective standard of reasonableness should be used so that the harshness in proving the state of mind of the accused can be avoided.
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