CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 5 New sections 37A and 37B inserted

CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 5

After section 37 of the Crimes Act 1958 insert —

        "37A.     Objectives of Subdivisions 8A to 8G

The objectives of Subdivisions (8A) to (8G) are—

        (a)     to uphold the fundamental right of every person to make decisions about his or her sexual behaviour and to choose not to engage in sexual activity;

        (b)     to protect children and persons with a cognitive impairment from sexual exploitation.

        37B.     Guiding principles

It is the intention of Parliament that in interpreting and applying Subdivisions (8A) to (8G), courts are to have regard to the fact that—

        (a)     there is a high incidence of sexual violence within society; and

        (b)     sexual offences are significantly under-reported; and

        (c)     a significant number of sexual offences are committed against women, children and other vulnerable persons including persons with a cognitive impairment; and

        (d)     sexual offenders are commonly known to their victims; and

        (e)     sexual offences often occur in circumstances where there is unlikely to be any physical signs of an offence having occurred.".