Nobody downloaded yet

The Relevance of Victim's Volunary to a Charge of Rape - Essay Example

Comments (0) Cite this document
Summary
This paper will look closely at the issue on voluntary intoxication and capacity to give consent in rape cases vis a vis the Sexual Offences Act 2003. It looks at the various angles of the issue and reflect on the ways legislation can be improved in a manner that is sensitive to the victim…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
The Relevance of Victims Volunary to a Charge of Rape
Read TextPreview

Extract of sample "The Relevance of Victim's Volunary to a Charge of Rape"

Download file to see previous pages The Act replaced the Sexual Offences Act 1956, and all its amendments. The said Act saw the evolution of the definition of rape – the actus reus – from its original definition in the Sexual Offences Act 1956 which was “unlawful sexual intercourse with a woman” to “penile penetration of the vagina, anus or mouth of another person without their consent.” The inclusion of the anus and mouth as body parts renders it now legally possible for a male to be raped, but the retention of the word “penile” limits the defendant in a charge of rape to only male. The charge of “assault by penetration” is used to cover circumstances wherein objects other than a penis are forcibly inserted into the aforementioned orifices, and exacts the same penalty as rape. The next issue is the “mens rea” or the guilty mind – this means that the person accused of committing the crime knew that he was committing the crime. In the context of rape, it means he knew that he did not secure the victim or the complainant’s consent when he proceeded with having sexual congress with her. In the past, UK law relied upon the “mistaken belief clause” which was in the case Morgan4 in 1976. Here, the accused men were informed by the husband that his wife would struggle and say ‘no’, but they should just continue because she was in truth enjoying it. Whilst they were eventually convicted anyway, the case set a troubling precedent: if there was an honest belief engendered in a man’s mind that a woman consented to sex, even if that belief is unreasonable, the requirement of men rea is unsatisfied and therefore the rape charge will not prosper. Westmarland (2004: 7) provides a succinct summary of the definition of rape in the Sexual Offences Act 2003, to wit: The...
The research looks at the feminist critique of the rape law, as it is framed. Feminists who have called for the reform of rape law have demonstrated that “the law of rape historically has regulated competing male interests in controlling sexual access to females, rather than protecting women’s interest in controlling their own bodies and sexuality”. This is a fascinating proposition, and jibes with the conflict theory of criminal justice, which looks as criminal laws as having an agenda supportive of a dominant class. In the case of rape, the dominant class might be the male gender. This paper proceeds to look into the whole issue surrounding involuntary intoxication, which goes into the heart of the notion of consent. Whilst there are differing opinions as to whether or consent is a state of mind, or it is an action, either way, alcohol ingestion makes consent problematic. If consent is a state of mind, alcohol at a certain level addles and distorts the mind in a state of inebriation. If consent is an action, alcohol has behaviour-altering effects and can impair speech and physical movement in such a manner that consent becomes ambiguous. To use the definition given by Cowan, “to be in a state of intoxication means that one’s mental and physical capacities are substantially altered from one’s ‘sober’ state, through the ingestion of intoxicating substances. To better understand the situation at hand, researchers look at the two important cases of R v. Dougal and R v. Bree. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Relevance of Victim's Volunary to a Charge of Rape Essay”, n.d.)
Retrieved de https://studentshare.org/law/1392821-title-needs-to-be-discussed
(The Relevance of Victim'S Volunary to a Charge of Rape Essay)
https://studentshare.org/law/1392821-title-needs-to-be-discussed.
“The Relevance of Victim'S Volunary to a Charge of Rape Essay”, n.d. https://studentshare.org/law/1392821-title-needs-to-be-discussed.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Relevance of Victim's Volunary to a Charge of Rape

Child Victim of Sexual Assaults and Acquaintance Rape Victims

...? Child Victim of Sexual Assaults and Acquaintance Rape Victims of the of the December 3, Child Victim of Sexual Assaults and Acquaintance Rape Victims 1. Introduction Child sexual assaults and acquaintance rapes often go unnoticed and underreported in many instances. The adverse consequences of acquaintance rapes and child sex abuse on the victims are many and varied: these can adversely affect the physical, emotional, psychological and social life of the victims to a large extend. Child sexual abuse or assault is defined as “any activity with a child, before the age of...
13 Pages(3250 words)Term Paper

Date Rape Culture: The Need to End Victim Mutedness

...attempted rape” (Burgess & Burpo, 2012, p.749), it is troubling to imagine a fourth of the women we know had been raped or assaulted and no one speaks about it. Silence about date rape makes the victims remain victims instead of survivors. References Bacharach, J. (2005, 10 Apil). “A survivor speaks out: the story of my date rape.” The Eagle. Retrieved from http://www.theeagleonline.com/news/story/a-survivor-speaks-out-the-story-of-my-date-rape/ Burgess, M. C. R., & Burpo, S. (2012). The Effect of Music Videos on College Students’ Perceptions of Rape. College Student Journal, 46, 4,...
6 Pages(1500 words)Essay

Victim Services

...Running Head: Victim Victim Services of Victim Services In the US, thousands of programs provide crime victim related services all over the USA. Normally some government agencies and non-profit organizations NGOs provide these services to crime victims. In this regard, mainly two types of programmes, services assistance and compensation programmes are providing by these organizations. Compensation programmes normally include reimbursement of victims' expenses which also include federal crimes that resulted from the crime committed within the state. Crimes covered include violent crimes for instance, child abuse and neglect, domestic...
5 Pages(1250 words)Essay

The Mental Agony of a Rape Victim

...The Mental Agony of a Rape Victim A recent report appearing in a section of press say, 'Rape fears lead women soldiers to suicide, death'. There are innumerable stories doing the rounds with rape victims being further victimized, as if they are on the wrong side. What is more shocking is the fact that such reports appear in countries which are considered as 'developed'. It is not everywhere that women can take the lead in joining armed forces and accept even the overseas assignments. It is equally true that unlike some lesser developed nations and the Islamic world, these countries are considered as the places where 'sex' is not a taboo word. It is openly talked about and quite frankly talked about amongst friends. But even... in such...
4 Pages(1000 words)Book Report/Review

Rape Myths and Rape Prevention

...Gender Role Conditioning Gender role conditioning might contribute to rape myths where men are conditioned to think that they are the dominant sex and that females are to submit to their will. The "macho" mentality, that fortunately is arguably subsiding as women gain more clout and respect in professional and other circles, could perpetuate the dangerous notion that men are to get their way regardless of the preferences of women. Translated into scenarios involving the bedroom, it could easily breed an atmosphere in which rape is considered acceptable. To be sure, it is the responsibility of society, through parenting and education, to raise young men and women to understand that the genders are equal...
2 Pages(500 words)Essay

Rape

...Ways in Which Rape Effects Women The act of rape is perhaps one of the most traumatic events that can happen to an individual. Rape is an act of power not an act of sex, “Rape is sexual intercourse that is performed without consent and done mainly by force or deception”(.http://www.med.umich.edu/1libr/wha/wha_rape_crs.htm). Its effects are on a physical, mental and emotional level. The purpose of this essay is to explore the ways in which rape does affect individuals. Rape does not always include violence, but is often the result of intense anger or hatred towards the individual being raped. It is essentially intended to humiliate, demean and harm the victim. In looking at physical results of rape, the victim is often... but not...
5 Pages(1250 words)Essay

Victim Blaming and Victim Defending

...as the one responsible for the misdemeanor. However, knowledge about the prior rapport between the fatality and perpetrator maximizes the perceptions of victim blame for cases such as wife battery. In addition, most of the psychologists argue that the victim is not necessarily fallacious. Roy Baumeister; a personality and social psychologist, argues that showing the victim’s responsibility can be shrewd, contrary to typical clarification of meanness and aggression (Said & Hitchens, 2001). Furthermore, in these two concepts there are factors such as secondary victimization, just-world hypothesis, rape shield laws, sexual purity and family honor which are...
3 Pages(750 words)Essay

The Rape Charge Filed by the Complainant

...their best judgment based on common sense and any prior everyday experiences as it relates to this particular case. In this regard, it is not quite unusual for rape victims not to file any charges immediately after an incident for various reasons, such as fear of retribution or shame. It is therefore quite understandable why she decided to file a complaint only after a second assault took place. Some victims even take weeks or months before finally deciding to file a complaint, a considerable lapse of time when essential forensic evidence of a crime may have disappeared. Secondly, it is quite unusual for the trial judge to warn the jury not to start deliberating yet as...
2 Pages(500 words)Essay

Victim Interview

...Lecturer: Accident Victim Interview Many billion workers across the globe work in environmental conditions that fail to meet the international health and safety standards or guidelines. This exposes them to various occupational hazards, work stress and high risks to injuries or illness. The issue of health hazardous has exposed many workers to increased injuries, disease that deteriorates their health and high death rates at the workplace. OSHA (Occupational Safety and Health Administration) organization has made efforts to maintain health and safety of employees in the working environment in states. The organization formulates policies and standards as well as provides training programs in order to encourage employers...
3 Pages(750 words)Essay

Relevance

...Relevance Part Psychology is the learning of a person’s mind and the way it functions especially those that affect behavior in a given context. Over time, psychology has been greatly accepted worldwide due to much of its beneficial factors (Neivid, 2009). Human has learnt to interact among themselves and to understand responses from different kinds of animals’ behavior through psychology. They are able to train animals to behave in a manner they would like. Behavior has been understood to be affected by consequences. According to Weiner, 2010, People are rewarded or punished in respect to the way they are expected to behave. In other instances, operant behavior is applied to suppress a certain behavior (Weiner &...
1 Pages(250 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Relevance of Victim's Volunary to a Charge of Rape for FREE!

Contact Us