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Anna Marshall 3 May 2004
Following pressure from feminist groups, the Western Australian parliament in
1985 dramatically amended the law
relating to rape, first by changing the term rape to sexual assault and then
greatly widening the definition of what could be classed as sexual assault.
Many
acts not previously constituting rape were included in the new Act. The
criteria for sexual assault was widened to include any type of penetration by
any object or any part of another person's body where consent was not
present and ongoing.
It did not matter that force or threats were not
used.
The penalty for any type of sexual assault was increased to fifteen years
imprisonment.
Where any type of force was used, the charge was aggravated sexual assault,
carrying a penalty of twenty years imprisonment.
The draconian Act soon snared its first victim.
Perth resident Kevin Ibbs was having consensual sex with Christine
Watson on the night of 29 November 1986. Watson, a close friend of Ibbs's wife,
Katrina Carter, was living in the same house with Ibbs and Carter. The sex
act was taking place with the full knowledge of Carter who was in the house at
the time.
As Ibbs was nearing ejaculation, Watson suddenly withdrew her consent to sex
(so she later claimed) and tried to push Ibbs away. He continued for a
short time. Too late, he was trapped.
He was charged with sexual assault and found guilty under the new law. The
judge found that Ibbs had continued sexual intercourse for about thirty
seconds without consent (for which he was later dubbed the 30-second
rapist).
 Judge Geoffrey Kennedy
(pictured) sentenced him to four years imprisonment. [Details
of the judgement and appeal]
Some years later Watson admitted to police that the whole incident was a
set-up orchestrated by Carter to have Ibbs charged with sexual assault to get
him out of the house they were sharing.
Christine Elizabeth Watson a.k.a. Christine Elizabeth Wardle and Katrina Ann
Carter were subsequently convicted of conspiring to pervert the course of
justice. They served seven months in jail.
Mr Ibbs' conviction was finally quashed in 2001 but the damage was done. He says that his
health has been affected, his career as a tradesman has been ruined and the
whole affair has cost him over one million dollars.
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