Consent, Sex and the Law (LAWS90319)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Simon Whelan (Subject Coordinator)
Julie Dodds-Streeton
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| Fees | Look up fees |
This subject critically explores the complex legal regulation governing sexual conduct in both criminal and civil law contexts.
We delve into important concepts such as consent, belief in consent in the criminal law and the concept of unwelcomeness in the civil law, analysing how these principles are interpreted and applied in contemporary legal practice. We take an interdisciplinary approach, integrating legal theory with practical application, allowing students to gain a robust understanding of both the theoretical underpinnings and real-world implications of these legal concepts.
Students will engage with recent legal developments, high-profile cases, and the evolving societal attitudes towards sexual misconduct, particularly in light of movements like #MeToo. The subject is designed to equip students with the analytical tools needed to navigate and influence this dynamic and socially significant area of law.
Please note - because our subject addresses sexual crimes, misconduct, harassment and other potentially inappropriate sexual conduct, some topics and material covered in classes and in the readings may be confronting or distressing.
Indicative list of principal topics:
- Historical context of legal regulation of sexual conduct.
- Sexual crimes - consent and belief in consent – the traditional approach, the ‘communicative’ consent model, and the ‘affirmative’ consent model.
- Development of legal regulation of sexual harassment – the #MeToo movement.
- The current law concerning sexual harassment.
- The Lehrmann litigation and other high profile current controversies.
- Practical remedies and problems.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Critically analyse and evaluate the central principles of the law regulating sexual conduct in both criminal and civil contexts;
- Synthesise and apply those principles to complex practical situations;
- Interrogate and assess the social and legal complexities involved in the regulation sexual conduct; and
- Interpret and analyse how the law has developed and continues to develop in this area, reflecting on the implications for law and society.
Generic skills
- The analysis and application of legislation;
- The identification of the ratio of authorities;
- The capacity to weigh differing judicial and legislative approaches to a problem; and
- The capacity to evaluate legislation and judicial decisions in a dynamic social context.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class Participation | Throughout the teaching period | 10% |
Leading a Seminar Discussion
| During the teaching period | 30% |
Final examination
| During the examination period | 60% |
Additional details
The due dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
The timing of centrally managed final examinations can be found when the exam timetable is made available.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Simon Whelan Coordinator Julie Dodds-Streeton Mode of delivery On Campus (Parkville) Contact hours 24 Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Simon Whelan (Subject Coordinator)
Julie Dodds-Streeton
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025