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Finding the Balance: Intoxication and Consent

Clough, A (2019) Finding the Balance: Intoxication and Consent. Liverpool Law Review. ISSN 0144-932X

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Abstract

Sexual offences in England and Wales have had a dramatic reimagining in the last 15 years, with the Sexual Offences Act 2003 establishing not only the boundaries of the most heinous of offences such as rape, but also defining one of the most important elements; consent. This article seeks to explore the problems that surround establishing if legally valid consent has been given, with particular regard for cases where voluntary intoxication takes centre stage. The problem that often arises is the question on whether or not an intoxicated victim had the capacity to consent, or establishing if she did consent when memory of the event is hazy, possibly from both parties. Using comparative analysis with other jurisdictions and their take on the offence of rape, the author seeks to discover if the current rules are sufficient to fit within twenty-first century western culture. The victim will be referred to as ‘she’, although the law here and all situations discussed are equally applicable to male rape

Item Type: Article
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: School of Law
Publisher: Springer
Date Deposited: 02 Apr 2019 07:39
Last Modified: 24 Apr 2019 04:19
URI: http://researchonline.ljmu.ac.uk/id/eprint/10473

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