Chapter 6 Key debates

Sexual offences

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

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