Journal article
Context, Motivation and Objectivity: Navigating the Legal Quagmire of Child Sexual Exploitation Material Offences in Australia
University of Tasmania Law Review , Vol.40(2), pp.1-40
2021
Abstract
Child sexual exploitation material (CSEM) is a significant threat to children and the community. As CSEM exploits vulnerable people, it is widely condemned and the law facilitates offender prosecution. CSEM law balances protecting children from CSEM harm; ensuring a person’s actions, not their thoughts, are punishable; and avoiding community censorship. State and territory jurisdictions measure CSEM criminality according to whether a reasonable person would find the material offensive or whether the material is intended for sexual interest or arousal. This article will critique how superior courts fail to consistently interpret CSEM legislation, namely the reasonable person and the sexual arousal or interest tests, and how this can lead to definitional uncertainty, unnecessary acquittals, and unfair convictions. The most significant inconsistency in applying CSEM provisions relates to how context is used when interpreting CSEM legislation. This article will ultimately argue that context should be considered in interpreting CSEM offences and failing to account for it is a significant flaw in legislation.
Details
- Title
- Context, Motivation and Objectivity: Navigating the Legal Quagmire of Child Sexual Exploitation Material Offences in Australia
- Authors
- Dominique Moritz (Author) - University of the Sunshine Coast, Queensland, School of Law and Society
- Publication details
- University of Tasmania Law Review , Vol.40(2), pp.1-40
- Publisher
- University of Tasmania, Faculty of Law
- Date published
- 2021
- Organisation Unit
- Sexual Violence Research and Prevention Unit; School of Law and Society; University of the Sunshine Coast, Queensland
- Language
- English
- Record Identifier
- 99613208102621
- Output Type
- Journal article
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