Chapter 6 Key debates
Topic |
‘The Sexual Offences Act 2003: (1) Rape, sexual assaults and the problems of consent’ |
Author/Academic |
Jennifer Temkin and Andrew Ashworth |
Viewpoint |
This article explores the main offences considered here and assesses whether the then new Sexual Offences Act 2003 met 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 2003 (both as actus reus and mens rea). |
Source |
[2004] Crim LR 328 |
Topic |
‘Criminalising sexual intimacy: transgender defendants and the legal construction of non-consent’ |
Author/Academic |
Alex Sharpe |
Viewpoint |
The article challenges cases suggesting that a trans-person who does not disclose their sex assigned at birth may be guilty of rape. |
Source |
[2013] Crim LR 207 |
Topic |
‘Rape and the definition of consent’ |
Author/Academic |
Jonathan Herring |
Viewpoint |
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. |
Source |
(2014) 62 National Law School of India Review 62 |
Topic |
‘Rapist or rogue? Deception, consent and the Sexual Offences Act 2003’ |
Author/Academic |
Karl Laird |
Viewpoint |
The article examines the law on when deceptions negate consent. |
Source |
[2014] Crim LR 492 |