CRIM10001 Lecture Notes - Lecture 7: Victimisation, David Buss, Social Skills

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Week 7 Lectures
Sexual Assault
Profiling Sexual Assault
The following types of seemingly ‘monstrous’ people are those which come to mind when we think
about sexual assault; those which engage in prolific offending that is incredibly sadistic by nature.
Case Studies
Peter Dupas
1974: Dupas convicted of rape, housebreaking with intent to commit a felony, and housebreaking
and stealing. Served five years for "one of the worst rapes that could be imagined”.
1980: Convicted of rape, assault with intent to rape (3 counts), malicious wounding, assault with
intent to rob, and indecent assault. Served five years.
1985: Convicted of aggravated rape and indecent assault with aggravating circumstances. Served
seven years.
1994: Convicted of false imprisonment. Served two years
2000: Convicted for the murder of Nicole Patterson in 1999. Life.
2004: Convicted for the murder of Margaret Maher in 1997. Life.
2007: Convicted for the murder of Mersina Halvagis in 1997. Retried in 2010 and convicted again;
life imprisonment without parole. His appeal to this conviction was subsequently dismissed.
Sydney Gang Rapes
10 August 2000: Attackers offer marijuana to two women, and then take them to a park where they
are forced to perform sexual acts with eight other men
12 August 2000: Attackers take the victim to a park, where she is raped by two men while 12
others denigrate her
30 August 2000: Victim is taken to three separate locations where she is raped 25 times by 14 men
over six hours
4 September 2000: 2 victims repeatedly raped over 5 hours by 3 men
Categories of Sexual Assault (Victoria)
Indecent assault/gross indecency: any unwanted sexual behaviour or touching which is forced upon
people against their will: 10 years imprisonment. Consent is no defence for crime against children
under 16.
Incest: sexual penetration of child or step-child, or of child of de facto partner under age of 18: 25
years imprisonment
Sexual penetration with a child under 16: Consent is no defence to this crime.
Under 10: 25 years imprisonment
Between 10 and 16: 10 years imprisonment
Between 10 and 16 and child under care: 15 years
Assault with intent to rape: 10 years imprisonment
Rape: Sexual penetration without consent: 25 years
Crimes Act (1958) Victoria
(s.36) Meaning of consent
For the purposes of Subdivisions (8A) to (8D) "consent" means free agreement. Circumstances in
which a person does not freely agree to an act include the following
a. the person submits because of force or the fear of force to that person or someone else;
b. the person submits because of the fear of harm of any type to that person or someone else;
c. the person submits because she or he is unlawfully detained;
d. the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable
of freely agreeing;
e. the person is incapable of understanding the sexual nature of the act;
f. the person is mistaken about the sexual nature of the act or the identity of the person;
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