Chapter 6 Key debates

Topic

Author/Academic

Viewpoint

Source


‘The Sexual Offences Act 2003: (1) Rape, sexual assaults


and the problems of consent’

 

Jennifer Temkin and Andrew Ashworth


This article explores the main offences considered here and


assesses whether the then new Sexual Offences Act 2003 meets


its aims. Although a little dated now, the article is very useful as


a summary of the crimes and also provides a critique of the law


governing consent under the SOA (both as actus reus and mens rea).

[2004] Crim LR 328

‘Criminalising sexual intimacy: transgender defendants


and the legal construction of non-consent’

Alex Sharpe

The article challenges cases suggesting that a trans-person who


does not disclose their sex assigned at birth may be guilty of rape.

[2013] Crim LR 207

‘Rape and the definition of consent’

Jonathan Herring

The article argues for a narrow interpretation of when a person


consents to sex and for acknowledging the responsibility of D to


ensure V is giving full consent.


(2014) National Law School of India Review 62

‘Rapist or rogue? Deception, consent and the Sexual


Offences Act 2003’

Karl Laird

The article examines the law on when deceptions negate consent.

(2014) Crim LR 492

 

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