Critically examines the law relating to sexual consent in cases of deception/mistake, and the developing judicial approach to s74 Sexual Offences Act (SOA) 2003. Reflects on the significance of the most recent Court of Appeal judgment in Lawrance as authority for a restrictive approach to which unfulfilled premises can vitiate a complainant’s consent. Contends that this marks a legal wrong turn. The Court of Appeal’s approval and application of the CPS’s ‘closely connected’ test is based on dubious foundations: it is the result of a chain of misinterpretations of previous case law, and, most troublingly, of the effect of s74. On this basis, suggests that Lawrance ought to be reconsidered. Sets out an argument as to the doctrinally-correct i...
In a jurisdiction where the definition of rape is based on consent, how consent is understood and as...
In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a ...
There are two distinct ways for someone to place conditions on their morally valid consent. The firs...
Critically examines the law relating to sexual consent in cases of deception/mistake, and the develo...
The concept of consent is fundamental in considering the crime of rape under the Sexual Offences Act...
As the clock ticked over from 30 April to 1 May 2004 the Sexual Offences Act 20031 came into force a...
As the clock ticked over from 30th April to 1st May 2004 the Sexual Offences Act 20031 came into for...
The successful prosecution of sexual offences is regularly frustrated because jurors, judges and leg...
This report is the second in a series of reports monitoring the operation of the 1987 reforms to the...
The passage of the Sexual Offences Act 2003 and the Sex Offences Review which proceeded it was satur...
This, the first article in a four part series, evaluates the scope and practical implications of off...
By introducing legal tests centring upon concepts of freedom, capacity and reasonableness, the Sexua...
Analyses the case of R (on the application of F) v DPP and A [2013] EWHC 945 (Admin) and discusses t...
Prior to the coming into force of the Youth Justice and Criminal Evidence Act 1999 (YJCE), evidence ...
In A Local Authority v JB and A Local Authority v AW the Court of Appeal and Court of Protection res...
In a jurisdiction where the definition of rape is based on consent, how consent is understood and as...
In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a ...
There are two distinct ways for someone to place conditions on their morally valid consent. The firs...
Critically examines the law relating to sexual consent in cases of deception/mistake, and the develo...
The concept of consent is fundamental in considering the crime of rape under the Sexual Offences Act...
As the clock ticked over from 30 April to 1 May 2004 the Sexual Offences Act 20031 came into force a...
As the clock ticked over from 30th April to 1st May 2004 the Sexual Offences Act 20031 came into for...
The successful prosecution of sexual offences is regularly frustrated because jurors, judges and leg...
This report is the second in a series of reports monitoring the operation of the 1987 reforms to the...
The passage of the Sexual Offences Act 2003 and the Sex Offences Review which proceeded it was satur...
This, the first article in a four part series, evaluates the scope and practical implications of off...
By introducing legal tests centring upon concepts of freedom, capacity and reasonableness, the Sexua...
Analyses the case of R (on the application of F) v DPP and A [2013] EWHC 945 (Admin) and discusses t...
Prior to the coming into force of the Youth Justice and Criminal Evidence Act 1999 (YJCE), evidence ...
In A Local Authority v JB and A Local Authority v AW the Court of Appeal and Court of Protection res...
In a jurisdiction where the definition of rape is based on consent, how consent is understood and as...
In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a ...
There are two distinct ways for someone to place conditions on their morally valid consent. The firs...