Totally up for anything that deters men from irresponsible ejaculation, as Gabrielle Blair would put it!

I applaud the spirit of this law, but now exactly how the actual hell is anybody supposed to prove this crime beyond a reasonable doubt in a court of law?

I guess for any serious punishment you'd need an admission, probably a text message would be the most common evidence.

Not sure about life in prison though, when rape seems to rarely go over a couple of years I have no idea how stealthing can get up to that level of seriousness.

Max sentencing guidelines are an abstraction in most court systems, and a carve-out for state-sponsored terrorism in the rest of them. ("Selective enforcement is terrorism")

And...if i may try my hand at some mind-readery here... yes, I too am worried that the harsh (though theoretical) max sentence here will just serve mainly to jack up the standard of proof all the way to the stratosphere—making it even harder to convict anyone for this offense than it already is.

Oh I hadn't even thought of that. If it goes before a jury, they have to convict without knowing what sentence would be considered, right? No one would want to convict with such a disproportionate maximum.

[–] Lipsy 2 points Edited

The other thing, too, is that people under like ((waves hands around frenetically)) 30? 27? VERY rarely communicate through actual text messages (i.e. through an old-school telecom provider) for any personal reason. If ppl my age text at all, it's almost alws for either family or professional reasons.

Realistically, what used to be SMS exchanges now happen over apps—and lots of those apps (including but not limited to Signal, Telegram, Wechat, Threema, Viber) are opaque to law enforcement: Your message history can be subpoenaed, but there's no real way to compel any entity to cough up that history. (Signal is tied to "your" phone number, but... as just an example, my own Signal number is a Moroccan number from a throwaway tourist SIM that I bought at the Marrakech airport in 2017, with a mixture of pocket cash in USD and UAE dirhams. Have fun tracing that u guise)
so like you know how there's all those fake Tweets out there from people to make them look unwittingly like stupid clowns? It's exactly that difficult, or should I say exactly that easy, to forge chat-app messages.

....sooo... it's a quandary, because even someone as unsophisticated as me could easily railroad the shit out of some Luddite in court if things-that-look-authentically-like-chat-messages are taken too seriously. But, at the same time, the courts can't just declare explicitly that X and Y and Z modalities of communication are off-limits... I don't know how the Aussie courts do this, but in the States it often just comes down to lawyers trying to hoodwink each other's clients into spilling various beans.

With such a heavy penalty, most will chose to not convict even if there’s a text admission and a video.