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We do not need the changes to the law of rape that the Sexual Offences Bill will introduce. While the enhanced protection for victims of rape is desirable, undermining the very nature of British criminal justice is too high a price to pay. Discuss
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We do not need the changes to the law of rape that the Sexual Offences Bill will introduce. While the enhanced protection for victims of rape is desirable, undermining the very nature of British criminal justice is too high a price to pay. Discuss with reference to mens rea in rape. Many offences can be "split" into two section: the Actus Reus (the guilty act) and the Mens Rea (the guilty mind) - this excludes strict liability offences. The "guilty mind", or Mens Rea, of rape states that if a man has intercourse with a person who does not consent (i.e. if the Actus Reus is proven), he is guilty of rape if "at that time he does not know that the person does not consent to the intercourse or he is reckless as to whether that person consents to it"1. In other words, if it is proven that the defendant alone believed...
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