In Western Australia, sexual offences laws are found in the Criminal Code Act 1913 (CCA), as amended. The Evidence Act 1906 (EA) contains the rules of evidence in relation to corroboration and prior sexual conduct.
Many of the provisions covered by this review meet good practice standards. For example, sexual assault covers all forms of non-consensual sexual penetration – by penis, objects and other body parts – of all orifices. There are comprehensive child sexual assault offences.
The age of consent is 16 years for everyone. Consensual same-sex sexual activity is not a crime.
Other aspects of the legislation evaluated in this report do not meet good practice standards. For example, non-penetrative sexual offences are partly contained within the moralistically termed offence of ‘acts of indecent assault’ which are differentiated on whether force was used and do not expressly include all forms of sexual touching. Child sexual assault offences are weakened by a lack of close-in-age exceptions that are necessary to avoid criminalising young people and children who engage in consensual sexual activity with their peers.
The full assessment of Australia is available here.