Scribd
Upload
96 views14 pages

Criminal Law DR Laura Lammasniemi

This document provides an overview of rape law in the UK. It discusses the elements of rape under the Sexual Offences Act, how consent is defined, and applies knowledge to sample exam questions. Reporting and conviction rates for rape are exceptionally low in the UK. The document covers the actus reus and mens rea requirements for rape, key sections of the Sexual Offences Act related to consent, and perspectives on assessing consent from academic literature. A past exam question is provided asking students to explain and critically evaluate the law of consent as it applies to rape, including an outline for how students may structure their response.

Uploaded by

Sultan Mughal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
96 views14 pages

Criminal Law DR Laura Lammasniemi

This document provides an overview of rape law in the UK. It discusses the elements of rape under the Sexual Offences Act, how consent is defined, and applies knowledge to sample exam questions. Reporting and conviction rates for rape are exceptionally low in the UK. The document covers the actus reus and mens rea requirements for rape, key sections of the Sexual Offences Act related to consent, and perspectives on assessing consent from academic literature. A past exam question is provided asking students to explain and critically evaluate the law of consent as it applies to rape, including an outline for how students may structure their response.

Uploaded by

Sultan Mughal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 14

Rape

Criminal Law
Dr Laura Lammasniemi
In this session

We will:
• Discuss the elements of rape under Sexual Offences Act
• Discuss how is consent defined, and what are the key concerns within
SOA
• Apply knowledge of rape to an essay question
Content warning:

Sitting through a seminar on sexual offences can be confronting and/or traumatising to anyone. In light
of that, please free to leave at anytime if you want a break. There is no need to inform me or others of
your decision to do so or to explain why.
Rape in context
• Both legislation on and criminal justice response to
rape has to be seen in historical and social context
• Historical context deeply problematic e.g. property
offence, violent offence – often viewed as an offence
against the father in particular
• Rape laws have never been applied equally e.g. race,
class, marital status, and sexual orientation
• Persistent myths about consent and what
constitutes a ‘real rape’ in society and therefore in
jury trials
• One of the most prevalent serious crimes, estimated
100,000 rapes every year
The problem with rape..
• England and Wales have exceptionally low reporting, charging and
conviction rates
• 3.3% of all recorded sexual offences and 1.4% of all recorded rapes
end in conviction
• End Violence against Women has started judicial review proceedings
against CPS (2019)
• HMCPSI 2019 Rape Inspection: CPS to invest in training and
cooperation
Question 1
• What is the actus reus and mens rea of
rape?
Section 1 of the Sexual Offences Act 2003
https://www.youtube.com/watch?v=pZwvrxVavnQ
Consent sections of SOA (ss. 74-76)

S.76 – conclusive presumptions of non-consent

S.75 – evidential presumptions of non-consent

S.74 – definition of consent


Question 2
In relation to the article by E. Finch & V. Munro, consider
the following in pairs:
• How does the law provide a framework for juries
when assessing consent? (p. 304)
• How is consent defined under s. 74 of the Sexual
Offences Act 2003? (p.306)
• What is meant by “reasonableness of belief”? (p.307)
• What were the findings of the mock jury trials
conducted by Finch and Munro? (p. 312 onwards)
Question 3: Past exam question
May 2018

“Explain and critically evaluate the law of consent as it


applies to the crime of rape.”
Question 3: Past exam question
May 2018

“Explain and critically evaluate the law of consent as it applies to the


crime of rape.”

Explain and critically evaluate does not mean:


• tell me everything you know rape, or
• tell me anything you know about any other subject.

• You must address each element of the question and remember


that ‘not answering the question’ is always wrong
An essay should have:
• Introduction
• a context for the essay
• a clear idea of the angle/position/argument to be adopted/applied
• an indication of the structure
• Main body (the discussion)
• There is no one way to answer the question correctly but every essay has to have:
• Clear structure
• Coherent development of a legal argument or reasoning
• Evidence (statute, cases, academic commentary)
• Conclusion
• Draws the discussion together
• A conclusion is not a substitute for the legal reasoning you should do throughout the essay
Question 3: Past exam question
In groups, draft a bullet-pointed outline to this question:

“Explain and critically evaluate the law of consent as it


applies to the crime of rape.”

The outline should:


• Include introduction; main body; and a conclusion
• Have as much detail as possible;
• Include evidence e.g. relevant sections/subsections of SOA
2003, names of cases where relevant
Any questions?

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy