Sexual Offences Essay plan

Question 1

Whats the main argument for sexual offences essay?

Answer 1

Does not protect sexual autonomy when it comes to mistaken consent (D would not consent if she knew full facts)

Question 2

Against current law on consent (narrowness)

Answer 2

Herring -> consent does not protect D from rape

CL too narrow -> explain cases where consent does not amount to lack of rape

Only two scenarios Nature/Purpose + Identity -> Should be widened

(If i lie about wanting to marry you for sex does not count) -> would count for fraud if gifts were involved

Very Narrow

R v Lawrence very unjust-> surely rape here?

Question 3

Arguments against current law on consent s.76

Answer 3

Herring argues s.76 should be expanded -> the nature/purpose is way too narrow and small

Look at how the exceptions do not count and how that is unfair

Expand s.76 to include where deception where D lies about or conceals facts on purpose

Question 4

Counter arguments - law is fine (rape)

Answer 4

Hyman Gross

-> Should we punish men for deceiving the women when the women should not have been decieved + NOT EVERY LIE TURNS SEX INTO RAPE

-> Blaming men for female stupidity

-> Likes the way s.76 is

-> Also s.76 does not need to be expanded when you have s.74 that can catch consent

-> Jheeta supports this -> counters Herring

-> R v F

Question 5

Criticism on the law on rape being adequate

Answer 5

Okay fine so s74 makes sense

S.76 can stay as it is

But the case of Lawrence is hard to justfiy -> surely consent must exist there

Hard to argue against - facts said she did not want to if she knew the full truth