The Criminal Law Reform Act 2019, which introduced new regulation relating to fraudulent sex, came into effect on 1 January 2020. These amendments are meant to ensure that the law keeps pace with recent developments on sexual consent, and provide some clarity in that respect. The question is: are they enough? In a thought-provoking seminar, Associate Professor Chen Jianlin of the Melbourne Law School posits that these amendments in the Penal Code were an accidental success.
Under the Criminal Law Reform Act 2019, it is an offence for any person to observe or record someone doing a private act, without that person’s consent. It is also an offence to possess, gain access to, distribute, or threaten to distribute images so recorded.This paper focuses on the core offence of voyeurism, and its interpretation under the new laws.