‘I Think it’s Rape and I Think He Would be Found Not Guilty’

@article{Larcombe2016ITI,
  title={‘I Think it’s Rape and I Think He Would be Found Not Guilty’},
  author={Wendy Larcombe and Bianca Fileborn and Anastasia Powell and Natalia Hanley and Nicola Henry},
  journal={Social \& Legal Studies},
  year={2016},
  volume={25},
  pages={611 - 629}
}
A legal definition of rape that exonerates an accused who ‘reasonably believes in consent’ is currently in force in a number of jurisdictions in the United Kingdom, Australia and New Zealand. Limited empirical research has investigated community and professional perceptions of the adequacy and scope of this definition of rape. The present study contributes to qualitative research on ‘reasonable belief in consent’ by analysing key themes from 11 focus group discussions with professionals working… 

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References

SHOWING 1-10 OF 58 REFERENCES

Reforming the Legal Definition of Rape in Victoria - What Do Stakeholders Think?

In common law jurisdictions internationally and in Australia, the mens rea for rape has been reformed in recent decades to modify the Morgan principle that an accused who genuinely believes in

What constitutes a “reasonable belief” in consent to sex? A thematic analysis

Abstract The prosecution of rape frequently requires a jury to decide whether the defendant reasonably believed that the complainant consented to sexual intercourse, thereby assuming a shared

“How an Ordinary Jury Makes Sense of it is a Mystery”: Barristers’ Perspectives on Rape, Consent and the Sexual Offences Act 2003

The Sexual Offences Act 2003 introduced significant reforms to the offence of rape, amid concerns regarding the low reporting and conviction rates for rape. One of the key aims of the Act was to

Sexual Consent as Voluntary Agreement: Tales of 'Seduction' or Questions of Law?

This draft of a forthcoming article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to

Alcohol-Related Rape Cases: Barristers' Perspectives on the Sexual Offences Act 2003 and its Impact on Practice

This article discusses the findings of a qualitative study which interviewed 14 barristers about the law-in-action reality of rape cases involving alcohol intoxication. The study aimed to identify

Better the Devil You Know? ‘Real Rape’ Stereotypes and the Relevance of a Previous Relationship in (Mock) Juror Deliberations

It has become commonplace in commentaries on the ‘justice gap’ in rape cases to lament the existence of a ‘real rape’ stereotype which prevents assaults involving known assailants, which take place

WORSNOP v THE QUEEN SUBJECTIVE BELIEF IN CONSENT PREVAILS (AGAIN) IN VICTORIA'S RAPE LAW

The 2010 decision of the Victorian Court of Appeal in Worsnop v The Queen provides yet another example of rape law reform not achieving its intended effects. The Court held that a jury direction on

Regretting it After? Focus Group Perspectives on Alcohol Consumption, Nonconsensual Sex and False Allegations of Rape

Research indicates that individuals often endorse beliefs that false allegations in rape cases are commonplace and are also reluctant to believe a woman who states she was raped whilst drinking

The impact of introducing an affirmative model of consent and changes to the defence of mistake in Tasmanian rape trials

The successful prosecution of sexual offences is regularly frustrated because jurors, judges and legal counsel embrace prejudicial stereotypes about what constitutes consent to sexual intercourse.

Breaking boundaries? Sexual consent in the jury room

By introducing legal tests centring upon concepts of freedom, capacity and reasonableness, the Sexual Offences Act 2003 reflects a deliberate legislative attempt both to provide a clearer structure
...