Adelaide Law School Newsletter - Issue 7, 2 October 2012
Adelaide Law School academic Kellie Toole considers the High Court ‘Marital Rape’ appeal alternatively, that if it ever existed it ceased to exist by 1963. The latter argument succeeded. Adelaide Law School Associate Lecturer, Kellie Toole, was interviewed on the ABC news and Radio National‟s „PM‟ regarding the High Court judgment. On 30 May 2012, the High Court delivered judgment on an appeal from the South Australian Supreme Court case of P, GA. The accused is facing prosecution for allegedly raping his wife in 1963. The defendant argued that an immunity existed in 1963 that prevented a man being convicted of the rape of his wife, and so he cannot be convicted of the offence. The prosecution argued that the immunity never existed, and,
Ms Toole says, “there is abundant evidence in case law and scholarship that a marital rape immunity did exist in 1963. Its foundations in the 18th century are shaky but that does not negate that lawyers, judges and police proceeded for centuries on the understanding that it existed”.
left doubt situation.
about
the
pre-1976
According to Ms Toole, “the principle against retrospective application of law is fundamental. To prosecute Mr P according to modern law, for conduct that was lawful at the time, breaches his human rights.” Following the High Court decision, Mr P will face trial unless he can argue that the delay between the alleged conduct and the trial is grounds for a stay of proceedings. Kellie‟s interview is available at http://www.abc.net.au/pm/ content/2012/s3514690.htm.
Legislation enacted in South Australia in 1976 clarified that a marital rape immunity was not part of the law from then onward, but
Former Students’ experience of the Public Law Internship Former Adelaide Law School student, Thea Richardson, talks about her recent internship experience and opportunities. The Public Law Internship, an elective undergraduate course offered by Adelaide Law School since 2009, is a unique opportunity for students, such as myself, to spend a semester working in a public law institution. During 2012 I undertook an internship with the Ombudsman SA. Not only was the internship one of the most academically and personally rewarding experiences of my law degree, it also helped me secure a place in a federal government graduate programme in Canberra for 2013. Working at the Ombudsman SA I gained skills and experiences that were invaluable to my graduate applications and interviews. The professional communication skills I gained from the internship helped me to present myself as a strong candidate f or the graduate ISSUE 7, 2 October 2012
Ombudsman Richard Bingham, Ombudsman Megan Philpot
programme and the wide variety of work I was given gave me numerous examples to draw upon when addressing selection criteria. But, most importantly, working wi t hi n t he wel com i ng and supportive environment of the Ombudsman‟s office I gained confidence in myself and my abilities. Knowing that I could make a meaningful contribution to a professional office gave me conf idence in my graduate programme applications and
Thea
Richardson
and
Deputy
interviews. With this professional work experience under my belt I feel well prepared to succeed in my new workplace. Furthermore, the unique insight into government integrity and accountability I have gained from my internship with the Ombudsman SA will be invaluable to my imminent career in the public service and in Public Law. I thank the Adelaide Law School and the Ombudsman SA for providing students with such a wonderful opportunity. Page 3