Pending consultation period
Pursuant to section 11(2)(b) of the Law Reform Commission Act 1972 (WA), the Law Reform Commission of Western Australia is to review Chapter XXXI of the Criminal Code Compilation Act 1913 (WA) (Code) and sections 186, 191 and 192 of the Code and provide advice for consideration by the Government on possible amendments to enhance and update these provisions (and related or ancillary provisions or legal rules), having regard to contemporary understanding of, and community expectations relating to, sexual offences.
In carrying out its review, the Commission should consider whether there is a need for any reform and, if so, the scope of reform regarding the law relating to consent (including knowledge of consent) and, in particular:
- whether the concept of affirmative consent should be reflected in the legislation;
- how section 24 of the Code (dealing with mistake of fact) applies to the offences created by the above-mentioned provisions;
- how consent may be vitiated, including through coercion, fraud or deception, for example, through "stealthing"; and
- whether special verdicts should be used.