The practical reality is that there are some areas of human behaviour which are inapt for detailed legislative structures. This most of the time goes unchecked or unreported because the general view is that the consent to have sexual intercourse or engage in any sexual activity is automatic in established relationships.
Consent and the Sexual Offenses Act with relevant cases The law on sexual offenses was further amended by adding other offenses such as offenses against children as well as assault by penetration.
Academic studies have shown that if the female complainant is portrayed as drunk, she is perceived as less credible and the defendant is seen as less likely to be criminally culpable compared with a sober victim Stormo et al.
Section 1 2 Sexual Offences Act specifically states that whether a belief is reasonable is to be determined having regard to all the circumstances. The law recognizes the evidential problems of this area.
In this case, the mission of the defense council is to prove beyond reasonable doubt that the alleged victim had indeed clearly consent or given some form of consent as to allow the touching and for the prosecution to prove beyond all reasonable doubt that she did not give consent and that the defendant took advantage of her and sexually assaulted her.
Experience shows that different individuals have a greater or lesser capacity to cope with alcohol than others and indeed the ability of a single individual to do so may vary from day to day.
With this said, I think that there should be more reviews and amendment on the law of sexual assault. Questions such as how long did they know each other, where they in an established relationship, was there any prior activity between the two would come into mind.
The definition of Consent in Section 74 of the Sexual Offenses Act does not solve the issue of consent as it is still a complicated area to deal with in law. The issue here was whether the victim consented to the touching or whether the defendant took advantage of the state she was in since the video I watched states that the alleged victim had 8 beers and some shots of alcohol in the pub her and the defendant were in and another shot in the residence of the defendant.
This matter should never be left to the jury without the proper direction and guidance of a judge on the meaning and parameters of consent.
The amount of alcohol the complainant had consumed, perhaps shown in a police blood sample taken some hours after the alleged incident would be less relevant than evidence of how intoxicated she had appeared leading up to and at the time. Another saddening issue is that most people will not believe that someone has been raped unless they show some sort of injury.
This poses subtle problems for the prosecution and the defence practitioner, as to how best to present their respective cases to the jury. It is clear from the above that issues of intoxication when they regularly arise in rape trials have profound consequences for all parties with very different roles in the justice system.
Home Law essays Sexual offenses and the law on consent Essay: The new reformed Act decided to cap the age to 13 years of age in order to safe guard children from the preying hands of pedophiles. They do not have the luxury of drama when opening.
The issue of consent and its definition or its interpretation through the law makes it difficult to handle sexual oriented crimes such as rape and would even say that the law governing consent and sexual offenses is still a long way off from being impeccable.Rape, Consent and Intoxication: A Legal Practitioner’s Perspective Joe Stone, QC* Doughty StreetChambers, DoughtyStreet, London,UK which involve derogatory beliefs about rape victims and their credibility and serve to cloud the issues in rape.
The Law of Rape: Consent and Intoxication consent if they were intoxicated by drugs or alcohol? victims of rape in such circumstances, and whether a more clear definition of ‘capacity’ to consent was required.
As discussed in the OCJR consultation paper, Rook and Ward have. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Consent for the purposes of sexual offences. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.
Law governing rape and sexual assault. The law governing rape and sexual assault is contained in the Sexual Offences Act (SOA ) which came into force on 1st May Introduction In criminal law, rape is defined as sexual assault on a person without the consent of the victim.
People often hear of cases of domestic violence, emotional abuse, and sexual abuse without ultimately realizing the meaning behind it. /5(6). In rape was defined by the FBI as, “Penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” (Division’s Crime.Download