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1. Introduction

The start of the 21st Century has seen a significant overhaul of the sexual offences laws in England and Wales. Previous to this reform the legislation on sexual offences was primarily based on laws carried out in 1956[2], with some elements courting way back to the 19th Century. It goes with out saying that this laws was grossly dated and unsuitable for the 21st Century. Quite a few essential amendments had been made for the reason that 1956 laws, together with the inclusion of marital rape and male rape in 1994[3]. Nevertheless, these piecemeal adjustments resulted in very complicated legal guidelines, to the extent that many alternative Acts needed to be accessed in order to decipher the place the legislation stood on any given matter. The Dwelling Workplace acknowledged that this had led to a ‘patchwork quilt of provisions’ (Dwelling Workplace, 2000, pg. iii). The earlier legislation was additionally suffering from anomalies, inappropriate language[4] and discrimination, a few of which can have been construed as violating human rights laws.

Beginning with a pledge by the newly elected 1997 Labour authorities to Help victims of sexual offences get hold of justice, an in depth and prolonged overview course of was initiated in 1999 (the Sexual Offences Overview). This was adopted by a Sexual Offences Invoice and then, lastly, the arrival of the Sexual Offences Act 2003, which got here into drive in Might 2004. This text outlines the criticisms feminists have beforehand made about rape legislation in England and Wales and describes and evaluates so far as doable the brand new laws because it pertains to rape.

2. The attrition downside

The criticisms feminist teachers and activists have highlighted in phrases of rape legislation in England and Wales are just like these described in different nations with adversarial authorized programs. These embody: the difficulties in proving non-consent; cross-examination; rape myths; the usage of sexual historical past proof in court docket; and the 1976 ruling in Morgan[5] that an ‘mistaken’ however ‘sincere’ perception in consent ought to result in an acquittal even when this perception in consent isn’t a ‘affordable’ one. The extremely excessive attrition price for rape instances has been a significant concern underpinning many of those criticisms and acted as a powerful push issue in direction of the strengthening of the legislation on sexual offences. Fairly merely, most rape victims who report the offence to the police won’t ever even see their case attain court docket, by no means thoughts see the perpetrator convicted for rape.

Many research have documented the excessive attrition price and the way it has elevated over time. Whereas extra and extra males are being reported to the police for rape, the proportion which might be convicted for rape has been steadily falling since data started (Smith, 1989; Chambers and Miller, 1983; Lees and Gregory, 1993; Harris and Grace, 1999; HMCPSI and HMIC, 2002; Lea, Lanvers and Shaw, 2003). These research present that the ratio of rape convictions to reported rapes has steadily fallen from one in three in 1977 to 1 in 20 in 2002 (Kelly, 2004). Comparative Assessment has discovered that the excessive rape attrition price isn’t confined to England and Wales however is echoed to completely different extents throughout Europe (Kelly and Regan, 2001). Bearing in thoughts that the majority rapes are usually not even reported to the police[6], this of just one in twenty is especially regarding and has been the premise of a lot campaigning by activist teams. Furthermore, Kelly (2002) warns that attrition may very well be even greater than analysis has discovered as a result of such research don’t have in mind rapes which might be reported to however not recorded by the police, or any convictions which might be overturned on enchantment. New analysis has discovered that round one in ten convicted rapists later have their convictions overturned or sentence diminished on enchantment (Cook dinner, 2004).

three. The reform course of

The Intercourse Offences Overview started in 1999 and aimed to realize ‘safety, equity and justice’ throughout the Dwelling Workplace’s total goal of making a ‘secure, simply and tolerant society’ (Dwelling Workplace, 2000b)[7]. The overview’s phrases of reference have been:

‘To overview the intercourse offences in the widespread and statute legislation of England and Wales, and make suggestions that can:

· present coherent and clear intercourse offences which defend people, particularly kids and the extra weak, from abuse and exploitation;

· allow abusers to be appropriately punished; and

· be truthful and non-discriminatory in accordance with the ECHR and Human Rights Act.’

This third level is prone to have been an essential issue in why the Authorities felt the urgent want for legislative reform; in October 2000 the Human Rights Act 1998 got here into drive and thereby integrated the rights assured by the European Conference of Human Rights (ECHR) into the home legislation of England and Wales. Though the Human Rights Act 1998 didn’t really give residents any ‘new’ rights it gave judges the ability to make a press release of incompatibility if a chunk of laws didn’t respect a person’s human rights. Furthermore, the European Courtroom of Human Rights has in the previous held states accountable for violations of human rights the place they didn’t enact applicable rape laws[8].

An inner steering group and exterior reference group have been arrange as a part of the overview; the latter together with established feminist teachers[9], representatives from feminist organizations working with victims of rape[10] and feminists campaigning for rape legislation reform[11]. Deliberately or unintentionally, the overview was subsequently guided by a powerful feminist affect.

Two prolonged paperwork have been then produced, consisting of literature critiques, stories from session seminars and suggestions (Dwelling Workplace 2000a, 2000b) and from this overview, the white paper ‘Defending the Public’ was printed (Dwelling Workplace, 2002) setting out the Authorities’s proposals. Within the foreword by Dwelling Secretary David Blunkett, he described the present legislation on sexual offences utilizing phrases similar to ‘archaic’, ‘incoherent’ and ‘discriminatory’.

The Sexual Offences Invoice was launched in January 2003 into the Home of Lords, the place some amendments have been made. The Invoice was handed to the Home of Commons in June 2003 the place it was reviewed by a Dwelling Affairs Committee. In July 2003 this overview was printed, together with oral and written proof submitted as a part of an inquiry into particular sections of the Invoice (Home of Commons Dwelling Affairs Committee, 2003). The Sexual Offences Invoice was given Royal Assent on the 20th November 2003 and turned the Sexual Offences Act 2003 with impact from Might 2004. This changed the Sexual Offences Act 1956 and its numerous amendments. It’s broadly acknowledged that the brand new Act represents the biggest overhaul of sexual offences in over a century (Editorial, Prison Law Overview, 2003).

Four. The Sexual Offences Act 2004

So as to safe a conviction for rape it’s essential to show past affordable doubt not solely that the defendant dedicated an act that meets the authorized definition of rape but in addition that the defendant knew that the sufferer was not consenting. These are generally known as the actus reus (the responsible act) and the mens rea (the responsible thoughts, or felony intent). These two features of rape at the moment are described in flip in phrases of the reforms which have taken place.

Four.1 The actus reus (responsible act)

The actus reus of rape throughout the Sexual Offences Act 1956 was merely outlined as illegal sexual activity with a girl, which was amended in 1976[12] to illegal sexual activity with a girl with out her consent. The 1990s noticed two main adjustments regarding the actus reus of rape. In 1991, after over 100 years of feminist campaigning rape inside marriage turned unlawful throughout the widespread legislation system and this was positioned into statute in the Prison Justice and Public Order Act 1994 when the phrase ‘illegal’ was faraway from the definition. It had beforehand been judged in widespread legislation that married ladies had no functionality or authority to ‘not consent’:

‘The sexual communication between them is by advantage of the irrevocable privilege conferred as soon as for all on the husband on the time of the wedding …’ (R v Clarence, 1888).

‘However the husband can’t be responsible of rape dedicated by himself upon his lawful spouse, for his or her matrimonial consent and contract the spouse hath given up herself in this type unto her husband, which she can not retract.’ (Sir Matthew Hale, 1736 Historical past of the Pleas of the Crown)

The criminalisation of marital rape was controversial inside authorized circles. It is because when it was criminalized in 1991 it was seen as being criminalized by judge-made legislation moderately than the elected authorities. The case in Question Assignment was R v R[13] the place it was alleged a husband had tried to have sexual activity together with his estranged spouse with out her consent and bodily assaulted her by squeezing her neck with each palms. On this case the difficulty was not whether or not he had tried to drive his spouse to have sexual activity with out her consent, however moderately whether or not this fell below the authorized definition of ‘illegal’ sexual activity. Relying upon Hale’s now notorious assertion (cited above) the defence argued that as a result of the acts have been in opposition to his spouse this might not be classed as illegal.

In contemplating this defence, Mr Justice Owen argued that Hale’s assertion couldn’t longer be seen as legitimate as a result of it was ‘a press release made in normal phrases at a time when marriage was indissolvable’. Nevertheless, this dismissal of Hale appeared to narrate extra to the truth that there was bodily drive used in the tried rape than the shortage of consent per se:

‘I’m requested to simply accept that there’s a presumption or an implied consent by the spouse to sexual activity together with her husband; with that, I don’t discover it tough to agree. Nevertheless, I discover it laborious to imagine … that it was ever the widespread legislation that a husband was in impact entitled to beat his spouse into submission to sexual activity … If it was, it’s a very unhappy commentary on the legislation and a really unhappy commentary on the judges in whose breasts the legislation is claimed to reside. Nevertheless, I’ll however settle for that there’s such an implicit consent as to sexual activity which requires my consideration as as to whether this accused could also be convicted for rape.’

Mr Justice Owen dominated that the act might be classed as tried rape and sentenced the defendant to 3 years imprisonment. The defendant appealed, arguing that Mr Justice Owen had been unsuitable to rule that rape inside marriage was in opposition to the legislation when the wedding had not been revoked.

The enchantment was dismissed unanimously on the Courtroom of Enchantment[14], the place Lord Lane dismissed Sir Matthew Hale’s assertion as being a ‘assertion of the widespread legislation at that epoch’, the place ‘the widespread legislation rule not remotely represents what’s the true place of a spouse in present-day society’. The Courtroom of Enchantment concluded:

‘We take the view that the time has now arrived when the legislation ought to declare a rapist a rapist topic to the felony legislation, no matter his relationship together with his sufferer.’

This judgement was later upheld on enchantment to the Home of Lords[15] and on the European Courtroom of Human Rights[16].

The second of the 2 beforehand talked about adjustments was additionally made throughout the 1994 Act when it was acknowledged that a man might be a sufferer of rape and the actus reus of rape was amended to cowl vaginal or anal intercourse in opposition to a girl or one other man with out their consent. Though different elements of the Sexual Offences Act 1956 have been revised between 1995 and 2003, the actus reus of rape retained its definition as in the Prison Justice and Public Order Act 1994 till the brand new definition in the Sexual Offences Act 2003.

The Sexual Offences Act 2003 defines the actus reus of rape as penile penetration of the vagina, anus or mouth of one other particular person with out their consent. Due to this fact, in phrases of its actus reus, rape has slowly modified over almost half a century from illegal sexual activity with a girl to penile penetration of the vagina, anus or mouth of one other particular person with out their consent. The widening of the actus reus to incorporate penile penetration of the mouth relies on arguments made in the Sexual Offences Overview that different types of penetration (for instance: penile penetration of the mouth, or vaginal or anal penetration with an object or one other a part of the physique) ought to be handled simply as significantly as penile penetration of the vagina or anus. It was determined that rape ought to be prolonged to incorporate penile penetration of the mouth, on the premise that ‘… compelled oral intercourse is as horrible, as demeaning and as traumatising as different types of penile penetration’ (Dwelling Workplace, 2000a, pg. 15)[17]. Which means it stays a gender-specific offence with regard to the perpetrator (i.e. the act requires a penis) however a gender-neutral offence with regard to the sufferer. A brand new offence of assault by penetration was launched to cowl penetration by objects aside from a penis, as with rape carrying the utmost sentence of life imprisonment[18].

The second a part of the actus reus pertains to a scarcity of consent. There are typically three strains of defence used in rape instances; that intercourse by no means occurred, that it occurred however not by the accused or that it occurred however that the sufferer consented to it or that the accused believed that the sufferer consented to it (Baird, 1999). Baird (1999) highlights that there are only a few rape instances which might be ‘whodunnits’, and the defence that sexual activity by no means occurred can also be uncommon. These defences are prone to have turn out to be even much less widespread since developments in DNA testing (Lees, 1996). The problem of consent is subsequently what many rape defence arguments concentrate on, and one of many goals of the overview of sexual offences was to ‘make clear the legislation on consent'[19].

The basis of the ‘consent’ downside lies with the requirement of the prosecution to show the absence of consent (moderately than requiring the defence to show that that they had taken steps to determine consent), and in some ways this downside is exclusive to rape instances. If, for instance, an individual reported that their automobile had been stolen it will not be essential to show that it had been taken with out their consent. Equally, if a person have been bodily assaulted, for instance punched in the face, they might not often be requested in the event that they agreed to be punched in the face. An extra downside in rape instances is that the one direct witness is prone to be the rape sufferer, which implies that instances typically come down to 1 particular person’s phrase in opposition to the opposite. If the defendant says that the sufferer consented and the sufferer says she didn’t consent then it’s tough to validate both particular person’s assertion of the act[20]. Due to the character of sexual offending it’s unlikely there can be a 3rd celebration obtainable to instantly corroborate both assertion.

The Sexual Offences (Modification) Act 1976 was the primary to make use of the time period ‘consent’ in statute – beforehand it had been drive that was named because the related issue. Nevertheless, consent had been a difficulty inside widespread legislation since 1845 in Camplin in which the lady was drugged with alcohol and it was dominated that, though no drive had been used, it was clear that the act was in opposition to the lady’s will and that she couldn’t have consented to it. Since then, there have been different instances the place consent is mechanically deemed to be absent[21], which Temkin (2000) refers to because the ‘class method’. The case of Olugboja[22] in 1981 nevertheless, seems to have modified the requirements wanted to point out non-consent. On this case it was dominated that consent was a mind-set and that the jury ought to be directed to make up their very own minds as as to whether consent was current primarily based on the sufferer’s mind-set on the time of the rape. This seems to overturn the authorized requirements that had been developed utilizing the ‘class method’. Nevertheless, that is unclear and Temkin (2000) described the state of affairs as having a ‘threefold uncertainty’. The primary component of uncertainty was as a result of there was no statutory definition of consent. Secondly, the Olugboja choice individualised instances relating to consent therefore moved away from the thought of a authorized commonplace of non-consent. Lastly, there was uncertainty relating to whether or not or not Olugboja had changed the earlier widespread legislation ‘class method’.

The Sexual Offences Act 2003 addressed these uncertainties by defining consent as ‘an individual consents if he agrees by alternative, and has the liberty and capability to make that alternative’ (part 74) and by returning to the class method by itemizing the classes in statute. Nevertheless, the 2003 Act differentiates between six classes the place consent is presumed to be absent, until there’s ample proof on the contrary to lift a difficulty that the defendant moderately believed that the sufferer consented, and two classes the place consent is conclusively presumed to be absent. Which means the difficulty of consent nonetheless, to some extent, depends upon the psychological state of the defendant, even in instances similar to the place the sufferer was asleep, experiencing violence from the defendant, or unlawfully detained[23], though the burden of proof is reversed in these conditions with the defendant required to exhibit the steps he took to determine consent.

Four.2 The mens rea (responsible thoughts)

This second a part of the offence of rape – the mens rea – relies on the premise that a person shouldn’t be punished for an act that they didn’t know they have been committing on the time of the act. Though the actus reus and the mens rea are elements of all crimes, the mens rea solely turns into related when the conduct in Question Assignment accommodates some degree of ambiguity.

The necessity to show each the actus reus and the mens rea is relevant to different crimes in addition to rape. Essentially the most recurrently used instance is the crime of trespass; it’s in opposition to the legislation to trespass onto one other’s property, however an individual can’t be convicted if they didn’t know they have been trespassing (i.e. if personal property was not clearly marked).

Whether or not or not an individual meant to commit a criminal offense might be extra central in rape instances than for different felony offences with regards to proving the ‘responsible thoughts’. Beforehand, if a person dedicated the actus reus of rape – the responsible act, however he actually believed that the lady was consenting no matter how unreasonable that perception was, he cannot be convicted of rape as a result of the mens rea[24] – the responsible thoughts – was not current. This was identified formally because the ‘mistaken perception’ clause and informally because the ‘rapists constitution’ (Temkin, 1987) as a result of it meant that a lady might be actively non-consenting, even shouting ‘no’ and struggling to free herself, and a person might nonetheless be acquitted of rape. It’s a defence that could be very tough, if not not possible, to disprove as a result of the defence depends upon what was happening the defendant’s thoughts.

The ‘mistaken perception’ clause was first launched in Morgan[25] in 1976 when a husband colluded in the raping of his spouse by three of his mates. He allegedly advised his mates that his spouse would battle and say ‘no’, as if she didn’t wish to have intercourse with them, however that this ‘turned her on’ as a result of she was ‘kinky’. The accused males claimed that they actually believed she was having fun with it and consenting and that they didn’t intend to rape her – in different phrases they by no means had a responsible thoughts. Though in the Morgan case the lads have been convicted, and the husband convicted of aiding and abetting, this case set a brand new precedent. The Home of Lords dominated that if a person actually believed that a lady consented, no matter how unreasonable this perception was, he couldn’t be discovered responsible of rape.

Feminist activist teams campaigned for a few years that the mistaken perception defence ought to be primarily based on some take a look at of reasonableness or that the mistaken perception clause ought to be abolished altogether. These are points which have been broadly debated all through the common-law world. In Australia this problem divided rape legislation reform campaigners into two teams; the ‘subjectivists’ who argued that the Morgan ruling ought to be upheld – i.e. if a person actually believes that a lady consents to sexual activity no matter how unreasonable that perception is he shouldn’t be discovered responsible of rape, and the ‘objectivists’, who argue that the idea ought to be affordable (Gans, 1997). In Victoria, Australia, the argument in opposition to the modification or abolishment of the ‘mistaken perception’ defence was primarily based upon information from an empirical examine commissioned by the Law Reform Fee of Victoria. This analysis discovered that in an examination of 51 rape trials the ‘mistaken perception’ defence was used in 23 per cent of instances. Moreover, it was discovered that acquittals have been really much less probably in these instances (Law Reform Fee of Victoria, 1991a, 1991b). They concluded that though the adoption of objectivism would have some impact on the outcomes in rape trials, this impression can be very slight (Law Reform Fee of Victoria, 1991b). This opinion didn’t meet with common settlement, and Gans (1997) argues that the methodology, and therefore the findings, of this a part of the analysis was essentially flawed, invalid and deceptive. He criticises the analysis for not considering pre-trial selections on attrition, and argues they need to have included all reported rape instances when publicising the conviction price moderately than simply these instances that received to court docket. Gans additionally argues the Victorian analysis ignored the function of the ‘sincere perception’ inside juror choice making and had obscure coding classes round consent and sincere perception. He means that, by re-coding the info, no less than 74 per cent moderately than 23 per cent of the trials really had no less than some component of the ‘mistaken perception’ defence and warns that whereas profitable legislation reform ought to be primarily based upon empirical analysis, warning must also be exercised.

In England and Wales no empirical analysis has ever addressed this topic, and it’s subsequently not possible to know the size of the issue right here[26]. Within the Sexual Offences Overview there was a lot debate in regards to the mistaken perception defence, however no clear settlement was reached as to what ought to be really useful. Round a 3rd of the respondents to the rape and sexual assault part of the Overview argued that Morgan ought to be modified so that a perception should be each sincere and affordable (Dwelling Workplace, 2000a). Alongside these responses, a postcard marketing campaign to Jack Straw (then the Dwelling Secretary) was organised by the feminist activist group Marketing campaign to Finish Rape, which known as for a complete dismissal of the Morgan ruling. The talk throughout the overview was not whether or not Morgan ought to be modified per se (the Dwelling Workplace rape seminar and the Overview’s Exterior Reference group agreed that it ought to be modified), however moderately the way it ought to be modified, and what, if something ought to exchange it.

After a lot debate, the Sexual Offences Act 2003 outlined the mens rea of rape as if ‘A doesn’t moderately imagine that B consents’ (part 1c). Whether or not or not the idea is classed as affordable is decided after relating to all of the circumstances, together with any steps A might have taken to determine whether or not B consents. It’s too early to contemplate what impression this will likely have had, and the shortage of any baseline s makes analysis tough until this have been to be performed retrospectively or utilizing interviews with legal professionals.

5. Conclusions

The reformed rape legislation, as of Might 2004 can thereby be summarised as if ‘A’ deliberately penetrates the vagina, anus or mouth of ‘B’ together with his penis, and if ‘B’ doesn’t consent to the penetration and ‘A’ doesn’t moderately imagine that ‘B’ consents (paraphrased from part 1 of the Sexual Offences Act 2003).

Though there have been piecemeal reforms made between 1956 and 2003, none of those had any impression on the continued lower in the conviction price. It’s too quickly to understand how the 2003 Act can be interpreted and what, if any, impression it’ll have. Though consent has now been outlined in statute, this doesn’t remedy most of the points regarding consent. It stays an issue that the legislation equates passivity or non-resistance with consent (Henning, 1997), particularly when there isn’t any proof of bodily violence or if the sufferer had consented in the previous (Harris and Weiss, 1995). The re-wording of the mens rea in order that the idea in consent should be affordable is a major step forwards, nevertheless it’s too early to understand how ‘affordable’ can be interpreted in case legislation (i.e. affordable to who? below what circumstances?).

There was some scepticism regarding what impression the Sexual Offences Act 2003 would have even in the course of the session levels. In 2001, for instance, Rumney warned that the overview would possibly result in ‘one other false daybreak’ (pg. 890) due to its sole concentrate on the black letter legislation. In different phrases, it’s unlikely that males will ‘resolve to not rape’ just because the legal guidelines have been barely strengthened. Equally, the excessive attrition price isn’t solely associated to how rape is outlined in legislation, so the impression right here can also be marginal. Goldberg-Ambrose (1992) means that legislation reform ought to concentrate on the trial course of, significantly on how guidelines of proof and the methods in which rape instances are constructed relate to social perceptions of gender, coercion and sexuality. This means that it might be essential to look additional than the ‘black letter legislation’ in direction of the trial course of in an try to clarify why the issues across the prosecution of rape persist. Though campaigning for rape legislation reform is essential it is probably not sufficient. This has been acknowledged by feminists for a while; for instance, in 1984 Jeffreys and Radford argued that reforms can solely ever be successfully carried out alongside a change of males’s attitudes. In its most straightforward phrases, it’s probably that legal guidelines are simpler to alter than prejudiced attitudes (Gaines, 1997).

Though there stay many points regarding the prosecution of rape defendants, few feminists in England and Wales will deny that the reformed rape legislation represents an enormous step forwards. The identical could be mentioned for the opposite sexual offence legal guidelines that have been reformed and with regard to the brand new offences that the laws created. Many years of beforehand dismissed feminist campaigning have now come to fruition and the brand new laws tempts ‘advised you so’ sort feedback in some locations. The key achievements of the laws could be held as being: the retention of rape as a gendered offence in phrases of its perpetration; the necessity for an ‘sincere’ perception in consent to even be ‘affordable’; and a whole revision of what it means to really consent. Nevertheless, it’s extremely unlikely that a new legislation alone will see an finish to the issues ladies who’re raped face throughout the felony justice system and it’s important that monitoring of the brand new Act begins and is made publicly obtainable as quickly as doable.

References

Baird, V. (1999) Modifications to part 2 of Sexual Offences Act 1976, Medication, Science and the Law, 39 (three), 198-208.

Chambers, G. and Miller, A. (1983) Investigating Rape, Edinburgh: HMSO

Cook dinner, Okay. (2004) Rape Enchantment Examine: Abstract Findings, obtainable at www.truthaboutrape.co.uk

Gans, J. (1997) Rape Trial Research: Deal with with Care, The Australian and New Zealand Journal of Criminology, 30, 26-35.

Hale, M. (1736, printed in 1971) The Historical past of the Pleas of the Crown, London: Skilled Books.

Harris, J. and Grace, S. (1999) A Question Assignment of proof? Investigating and prosecuting rape in the 1990’s, London: Dwelling Workplace.

Harris, L.R. and Weiss, D.J. (1995) Judgements of Consent in Simulated Rape Instances, Journal of Social Behaviour and Character, 10 (1), 79-90.

Henning, T. (1997) Consent in sexual assault instances: the persevering with development, Violence In opposition to Girls, three, Four-10.

HMCPSI and HMIC (2002) A Report on the Joint Inspection into the Investigation and Prosecution of Instances involving Allegations of Rape, London: HMCPSI and HMIC.

Dwelling Workplace Overview of Intercourse Offences (2000a) Setting the Boundaries: Reforming the legislation on intercourse offences (Quantity 1), London: Dwelling Workplace Communication Directorate.

Dwelling Workplace Overview of Intercourse Offences (2000b) Setting the Boundaries: Reforming the legislation on intercourse offences (Quantity 2), London: Dwelling Workplace Communication Directorate.

Jeffreys, S., and Radford, J. (1984) Contributory negligence or being a girl? The automobile rapist case, in P. Scraton and P. Gordon (eds) Causes for Concern, London: Penguin books.

Kelly, L. (2002) A analysis overview on the reporting, investigation and prosecution of rape instances, London: HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary.

Kelly, L. (2004) Authorized Reform, Sexual Autonomy and the Justice Hole: Sexual Offences Law in the 21st Century, paper introduced on the European Rape Congress, Brussels, 1st – 2nd April 2004.

Kelly, L. and Regan, L. (2001) Rape: The Forgotten Challenge? A European analysis and networking undertaking, College of North London: Baby and Lady Abuse Research Unit.

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Law Reform Fee of Victoria (1991b) Rape: Reform of Law and Process, Report No 43, Melbourne: LRCV.

Lea, S.J., Lanvers, U. and Shaw, S. (2003) Attrition in rape instances; growing a profile and figuring out related components, British Journal of Criminology, 43, 583-599.

Lees, S. (1996) Carnal Data – Rape on Trial (1st version), London: Hamish Hamilton.

Lees, S. and Gregory, J. (1993) Rape and Sexual Assault: A Examine of Attrition, London: Islington Council.

Rumney, P.N.S. (2001) The Overview of Intercourse Offences and Rape Law Reform: One other False Daybreak? Trendy Law Overview, 64 (6), 890-910.

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www.bristol.ac.uk/sps

[1] Nicole Westmarland is a Analysis Affiliate in the realm of gender and violence on the College of Bristol, UK and a PhD candidate on the College of York, UK. Her activism work contains Tyneside Rape Disaster Centre and the Fact About Rape Marketing campaign.

[2] Sexual Offences Act 1956

[3] Prison Justice and Public Order Act 1994

[4] For instance the usage of the time period ‘faulty’ for people with studying disabilities.

[5] Morgan v DPP [1976] AC 182

[6] Analysis on non-reporting in England and Wales fluctuate relying on who’s conducting the analysis and when the analysis was performed. Latest governmental analysis discovered that two in ten ladies who’ve been raped reported the incident to the police (Myhill and Allen, 2002). Nevertheless, dated non-governmental analysis advised this can be even decrease at one in ten ladies (Painter, 1991).

[7] That is a part of an total Labour technique to put Help victims of crime and deliver extra criminals to justice. (c.f. ‘Justice for All’; ‘Talking up for Justice’; the Prison Justice Act 2003, and plans for a brand new Victims and Witnesses Invoice in the longer term)

[8] In X and Y v The Netherlands in 1985 the Netherlands was held to have violated the rights of a mentally handicapped 16 yr outdated lady due to a loophole in the legislation which meant that she was not in a position to make a rape criticism. In M.C. v Bulgaria in 2003 Bulgaria was held to have violated the rights of a lady as a result of she couldn’t show non-consent as a result of the authorized definition of non-consent required drive for use and she was not bodily restrained in the course of the rapes.

[9] Together with Professor Jennifer Temkin and Professor Liz Kelly

[10] Rape Disaster Federation

[11] Marketing campaign to Finish Rape

[12] Sexual Offences Modification Act 1976

[13] R v R [1991] 1 All England Law Experiences, 747

[14] R v R [1991] 2 All English Law Experiences 257

[15] R v R [1991] Four All England Law Experiences 481

[16] CR and SW v UK

[17] Beforehand, pe