Imagine you are a senior criminal lawyer for the Legal Aid Commission. You are presenting a professional development session for the criminal law section of your office on the recent changes to the sexual assault consent laws in NSW. Your professional development should include:
- What the amendments are
- Why the amendments have been made
- How the issue of consent in the following scenario might have been decided prior to the amendments, and how the issue of consent might be decided post-amendments:
Scenario:
Cassie and Steve have been dating for approximately two months. They are both 17 years old. Up until this point in the relationship, they had kissed and been involved in some light touching, but had not engaged in any sexual intercourse.
One weekend, they went camping together with a group of friends from school. Cassie was sharing a tent with some of her girlfriends. On the last night of the camping trip, Cassie went into Steve’s tent and lay down next to him. At first,
they were just talking. They began to kiss and touch each other on the top of their clothing. Steve tried to start to remove some of Cassie’s clothing, but she resisted. He said to her, “Come on, don’t you think I’ve waited long enough?”
Cassie resisted for a while longer, but after a few more attempts, didn’t stop Steve when he again attempted to remove her clothing. Steve performed oral sex on Cassie before then having penile-vaginal intercourse with her. When they commenced having intercourse,
Steve was wearing a condom. However, Cassie noticed that when Steve ejaculated, he was no longer wearing a condom. Cassie had not agreed to Steve removing the condom at any point in time.
| High Distinction (85-100%) | Distinction (75-84%) | Credit (65-74%) | Pass (50-64%) | Fail (>50%) | |
| Criterion 1 Identification, explanation and critical analysis of the relevant principles of criminal law (5 marks) LO2 | All relevant principles of criminal law are clearly identified and explained using precisely defined terms. Thorough and insightful critical analysis that uses clear and logical legal reasoning to draw accurate and comprehensive inferences. Student demonstrates thorough and insightful understanding of the relevant provisions of the Crimes Act 1900 (NSW) and relevant case law. | All relevant principles of criminal law are identified and explained, using well defined terms. Thorough critical analysis that uses logical legal reasoning to draw accurate inferences. Student demonstrates thorough understanding of the relevant provisions of the Crimes Act 1900 (NSW) and relevant case law. | Relevant principles of criminal law are identified and explained using well defined terms but ambiguities are left unexplored and boundaries undetermined. Competent critical analysis that uses clear legal reasoning to draw mostly accurate inferences. Student explains most of the relevant provisions of the Crimes Act 1900 (NSW) and relevant case law. | Relevant principles of criminal law are identified, and a basic level of explanation is given but some terms are ill-defined, ambiguities left unexplored and boundaries undetermined. Discussion has some critical analysis that lacks some depth. The legal reasoning is mainly clear and draws mostly accurate inferences. Student outlines some of the relevant provisions of the Crimes Act 1900 (NSW) and relevant case law. | Principles of criminal law are not identified or are stated incorrectly and without clarification or explanation. Little or no critical analysis. No mention of the relevant provisions of the Crimes Act 1900 (NSW) and relevant case law. |
| Criterion 2 Demonstrates understanding of public policy and law reform, and the way that historical, social, political and ethical factors that have influenced the amendments (5 marks) LO3, LO7 | Analyses public policy and law reform, and the way that historical, social, political and ethical factors have influenced the amendments, including analysis of the relevant sections of the New South Wales Law Reform Commission Report, “Consent in relation to sexual offences” (Report No 148, September 2020), case law and other peer reviewed literature. | Examines public policy and law reform, and the way that historical, social, political and ethical factors have influenced the amendments, including examination of the New South Wales Law Reform Commission Report, “Consent in relation to sexual offences” (Report No 148, September 2020), case law and other peer reviewed literature. | Discusses public policy and law reform, and the way that historical, social, political and ethical factors have influenced the amendments, including discussion of the New South Wales Law Reform Commission Report, “Consent in relation to sexual offences” (Report No 148, September 2020) and case law. | Outlines public policy and law reform, and the way that historical, social, political and ethical factors have influenced the amendments, including discussion of the New South Wales Law Reform Commission Report, “Consent in relation to sexual offences” (Report No 148, September 2020). | Does not outline public policy and law reform, or the way that historical, social, political and ethical factors have influenced the amendments. |
| Criterion 3 Demonstrates understanding of the amendments and the impact that the amendments have on the interpretation of the law in relation to consent (5 marks) LO4 | Demonstrates an expert understanding of the amendments and the impacts it would have on a legal interpretation of the issue of consent. Analyses whether the amendments have been effective in achieving their goals. Utilises case law from before amendments to demonstrate impact of amendments. | Demonstrates a clear understanding of the amendments and the impacts it would have on a legal interpretation of the issue of consent. Examines whether the amendments have been effective in achieving their goals. Utilises examples to demonstrate impact of amendments. | Demonstrates a good understanding of the amendments and the impacts it would have on a legal interpretation of the issue of consent. Discusses whether the amendments have been effective in achieving their goals. Utilises examples to demonstrate impact of amendments. | Outlines the amendments and the impacts they would have on a legal interpretation of the issue of consent. Attempts to utilise examples to demonstrate the impact of amendments, but examples may not be clear. | Does not outline the amendments or the impacts they would have on a legal interpretation of the issue of consent. |
| Criterion 4 Analyse concerns raised and applies concepts learned to address issues/ challenges (5 marks) LO2, LO4 | Expertly analyses the concerns raised, reading between the lines, and applies concepts confidently to address issues/ challenges | Clearly analyses concerns raised and applies concepts reasonably to address issues/ challenges. | The analysis arrived at mainly by good reasoning, and concepts applied with minor gaps to address issues/ challenges. | Reasoning good to analyse scenarios, but combined with some guessing or jumping to conclusions. Concepts mostly applied to address issues/ challenges, there may be some gaps. | Analysis is incorrect, with no evidence of reasoning; possibly guessed. |
| Criterion 5 Present in a professional manner; Present with confidence, certainty and authority, ability to listen, process and respond to questions asked (5 marks) GLO Academic Literacy & Numeracy – Skill and Application | Impeccable presentation appropriate to a professional conversation. Confident, certain, respectful, approachable, and friendly. Informative and creative responses to questions asked, which are related to credible supporting evidence. | High level presentation appropriate to a professional conversation. Confident, friendly and approachable. The student will be able to demonstrate an ability to both listen, process and respond professionally and correctly with detail that is credibly supported. | Good presentation appropriate to a professional conversation. Mostly confident, friendly and approachable. The student is able to demonstrate an ability to listen, process and respond professionally and mostly correctly. Answers are generally credibly supported. | Presentation is satisfactory but may lack some elements appropriate to a professional conversation. Slightly confident, attempts to be friendly and approachable. The student is able to demonstrate an ability to listen, process and respond appropriately and efficiently to questions being asked. Answers are supported with broad evidence which is not definitive to the issues raised. | Many elements of good professional presentation are lacking. Unsure approach. The student does not demonstrate an ability to listen, process and respond appropriately and efficiently to questions being asked. Answers are not supported with evidence. |
