Tadros, Victor (2006) Rape without consent. Oxford Journal of Legal Studies, 26 (3). pp. 515-543. doi:10.1093/ojls/gql016

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Abstract

This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would allow the law to express that violence is central to the offence of rape where violence is present, but it would also allow convictions of rape where there is no violence. The argument is developed through critical engagement with the law of rape as set out in the Sexual Offences Act 2003. The Sexual Offences Act, it is argued, fails adequately to meet the concerns outlined above.

Item Type:	Journal Article
Divisions:	Faculty of Social Sciences > School of Law
Journal or Publication Title:	Oxford Journal of Legal Studies
Publisher:	Oxford University Press
ISSN:	1464-3820
Official Date:	2006
Dates:	Date Event 2006 Published
Volume:	26
Number:	3
Page Range:	pp. 515-543
DOI:	10.1093/ojls/gql016
Status:	Peer Reviewed
Publication Status:	Published

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