The Hidden Sexual Offence: The (Mis)Information of Fraudulent Sex Criminalisation in Australian Universities

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Keywords:

sexual assault, fraudulent sex, rape by deception, university governance, rape myths, legal errors

Abstract

In response to sexual assault on campus, most Australian universities have websites that educate the university community on sexual consent and policies that deal with sexual misconduct. This article systematically examines the websites and policies of 42 Australian universities to catalogue the prevalence and manifestation of legal errors regarding fraudulent sex criminalisation. In finding that problematic legal errors are the norm, the article discusses possible reforms to university governance. The findings are also situated within feminist legal literature on the persistence of rape myths. Regrettably, the findings are yet another example of how societal attitudes towards sexual assault remain frustratingly disconnected with progressive legislative changes.

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Published

01-12-2020

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Articles