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Sexual Crimes, Sexual Conduct and Law (LAWS90247)
Graduate courseworkPoints: 12.5On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | August |
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Fees | Look up fees |
Recent decades have witnessed intense and accelerated change in what constitutes criminal, unlawful or inappropriate sexual conduct. Some sexual conduct that was, until relatively recently, legally proscribed is no longer unlawful. Conversely, some sexual conduct that was once lawful is now either unlawful or sanctioned on various other bases. Consent, a key concept relevant in this area, has been the subject of frequent significant re-definition in the criminal law.
The subject aims to explore the legal issues raised by these transformative developments, including the applicable legislative framework, statutory definitions and criteria and relevant judicial approaches and responses.
Principal topics will include:
1. Sexual offences where consent irrelevant:
- children
- other categories of person
- accessorial liability – reporting obligations
2. Sexual offences against adults
- rape – the issue of consent
- sexual assault
Recently criminalised conduct which may be sexual
- stalking
- coercive control
- electronic communications
Other
- grooming – application to adults?
- position of the complainant in the criminal justice process
- limits on questioning
- participation in plea bargaining
- role of victim impact statements
3. Non-criminal but unlawful sexual misconduct in particular contexts – Sexual Harassment – its definition and elements:
- welcome/unwelcome conduct
- disclosure and non-disclosure obligations
- complaints procedures
- relevance of directors’ and corporate officers’ duties
- investigation procedures
- sanctions
4. Sexual conduct/communications that are inappropriate but not unlawful
– what remedies, responses or sanctions (if any) are or should be available in particular contexts, including the workplace, public office and public life?
- potential tensions between responses to such conduct and civil liberties
Note:
Because this subject will address sexual crimes, misconduct, harassment and other potentially inappropriate sexual conduct, the material may be confronting and distressing.
The subject is not focused on the social and political issues raised by the subject matter. Rather, its focus is on how Australian law currently defines and regulates various forms of criminal and problematic sexual conduct.
Intended learning outcomes
On completion of this subject, students should be able to:
- Understand the legal principles raised when sexual conduct and the law interact.
- Be able to advise those who have been subjected to sexual offences, harassment, misconduct or otherwise inappropriate conduct on their avenues of recourse.
- Be able to advise directors and managers of their relevant obligations and potential liabilities.
- Be able to advise persons who have allegedly engaged in sexual offences or misconduct.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 20% |
Research paper on a topic approved by the subject coordinator
| 11 January 2023 | 80% |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- August
Mode of delivery On Campus (Parkville) Contact hours Monday 1 August 2022 - 5:00 - 7:00pm (AEST) Monday 8 August 2022 - 5:00 - 7:00pm (AEST) Monday 15 August 2022 - 5:00 - 7:00pm (AEST) Monday 22 August 2022 - 5:00 - 7:00pm (AEST) Monday 29 August 2022 - 5:00 - 7:00pm (AEST) Monday 17 October 2022 - 12:00 - 5:00pm (AEST) Monday 24 October 2022 - 12:00 - 5:00pm (AEST) Total time commitment 170 hours Pre teaching start date 4 July 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 1 August 2022 to 24 October 2022 Last self-enrol date 8 July 2022 Census date 12 August 2022 Last date to withdraw without fail 11 November 2022 Assessment period ends 11 January 2023
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024