The Changing Nature of Rape: The New South Wales (Sexual Offences) Amendment Act 1981

The new legislation introduced in New South Wales in July 1981 is a dramatic evolution of the law regarding rape, one which is intended to render the law more flexible in terms of penalties, broader in the definition of the offence, and fairer in the provision on trial procedure. Through a consideration of some of the provisions of the Act, the argument is developed that while some of these aims are met, the law is, in places, less than ideal. An attempt is made to determine the shortcomings of the law, the conclusion involving both the provisions themselves and the proposition that attitudes and prejudices cannot be eliminated by the legislative pen.