Rape Without Consent
Rape Without Consent
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未经同意的强奸
DOI：
10.1093/ojls/gql016
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发表时间：
2006
影响因子：
1.2
通讯作者：
Victor Tadros
中科院分区：
文献类型：
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作者：
Victor Tadros
本条是对不同的强奸罪的辩护。有区别的犯罪是一种可以以多种不同方式完成的犯罪，不能用一个简单的定义来概括。有人认为，这种罪行将满足女权主义文献中对强奸法所表达的几个关切。这将有助于确定性，减少犯罪集中于原告行为的程度，它将允许法律在存在暴力的情况下表明暴力是强奸罪的核心，但它也将允许在没有暴力的情况下对强奸定罪。这一论点是通过对2003年《性犯罪法》中规定的强奸法的批判而提出的。据称，《性犯罪法》未能充分解决上述关切。
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.