Sexual assault law and community education: A case study of New South Wales, Australia

Abstract

The offence of sexual assault has been reformed significantly since the 1980s. These reforms have been designed to create a fairer criminal justice system and contribute to primary prevention through community education. Yet, how exactly does this education happen? This article draws on a qualitative interview study with government and non-government stakeholders in the Australian State of NSW to consider how members of the public are equipped with the information they need to understand the laws that govern their sexual lives. Despite multiple educational pathways on key legal concepts such as consent, the study found a knowledge gap between the legal meaning of sexual assault and effective public access to that meaning. The article concludes with recommendations for addressing the barriers that undergird this gap. It argues that law’s educative promise depends on the state’s preparedness to create policy that fosters the public’s appreciation of the sexual standards embedded in legal rules.