Guiding principles
37B Guiding principles
S. 37B inserted by No. 2/2006 s. 5.
It is the intention of Parliament that in interpreting and applying Subdivisions (8A) to (8G), courts are to have regard to the fact that—
there is a high incidence of sexual violence within society; and
sexual offences are significantly under‑reported; and
S. 37B(c) amended by No. 47/2016 s. 7.
a significant number of sexual offences are committed against women, children and other vulnerable persons including persons with a cognitive impairment or mental illness; and
sexual offenders are commonly known to their victims; and
sexual offences often occur in circumstances where there is unlikely to be any physical signs of an offence having occurred.
Pt 1 Div. 1 Subdiv. (8A) (Heading) substituted by No. 47/2016 s. 8.
Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 47–50) inserted by No. 9509 s. 5 amended by No. 10079 s. 8(1), substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 40–43) by No. 8/1991 s. 3, substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 38, 39) by No. 81/1991 s. 3 amended by Nos 49/1991 s. 119(3)(Sch. 3 item 1) (as amended by No. 81/1991 s.10(Sch. item 3.1)), 41/1993 s. 20, 48/1997 s. 60(1)(Sch. 1 items 19, 20), 67/2000 s. 4, 2/2006 ss 6, 7, 57/2007 ss 5–7, substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 37C–43) by No. 74/2014 s. 4.
Rape, sexual assault and associated sexual offences
Ss 37C–37G inserted by No. 74/2014 s. 4, repealed by No. 47/2016 s. 9.
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S. 37H inserted by No. 74/2014 s. 4, amended by No. 20/2016 s. 144, repealed by No. 47/2016 s. 9.
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