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ON MODERNISING THE LAW OF SEXUAL OFFENSES (FROM RESHAPING THE CRIMINAL LAW, 1978, BY P R GLAZEBROOK - SEE NCJ-62387)

NCJ Number
62391
Author(s)
B HOGAN
Date Published
1978
Length
16 pages
Annotation
COMMENTS ARE OFFERED ON VARIOUS AREAS OF BRITISH LAW REFORM REGARDING SEXUAL OFFENSES.
Abstract
CURRENTLY, SEXUAL CONTACT WITH A PERSON UNDER AGE OF 16 IS A CRIMINAL OFFENSE. TO ELIMINATE CRIMINAL PROSECUTION FOR CONSENSUAL SEXUAL CONTACT, THE AGE OF CONSENT SHOULD BE LOWERED TO 14, WHERE THE OTHER PARTY IS UNDER 18. THE ISSUE OF CONSENT AND FRAUD IN SEXUAL INTERACTION BETWEEN PERSONS NEEDS ATTENTION, SINCE THE GENERAL STANCE OF THE CRIMINAL LAW DOES NOT ALLOW FOR CRIMINAL LIABILITY WHERE A PERSON IS PERSUADED TO ENGAGE IN SEXUAL CONTACT BASED ON FALSE INFORMATION, WHEN IF THE TRUTH WERE KNOWN, CONSENT WOULD NOT HAVE BEEN GIVEN. THE LAW SHOULD PROVIDE FOR CRIMINAL PROSECUTION UNDER SUCH CIRCUMSTANCES. UNDER EXISTING LAW, IT IS AN OFFENSE FOR A MAN TO PROCURE A GIRL UNDER 21 TO HAVE INTERCOURSE WITH ANOTHER. THE LAW SHOULD BE CHANGED TO MAKE SUCH AN ACTION AN OFFENSE ONLY WHEN THREATS AND INTIMIDATION ARE INVOLVED. THE OFFENSE OF LIVING OFF IMMORAL EARNINGS ('PIMPING') SHOULD APPLY TO WOMEN AS WELL AS MEN, AND IN THE INTEREST OF BREAKING PROSTITUTES' DEPENDENCY ON PIMPS, PROSTITUTES SHOULD BE PERMITTED TO ADVERTISE. CONSENTUAL HOMOSEXUAL CONDUCT BETWEEN ADULTS IS NOW LEGAL. THE LAW SHOULD FURTHER ALLOW HOMOSEXUAL CONDUCT BETWEEN CONSENTING ADOLESCENTS. THERE IS NO RATIONAL BASIS FOR MAKING CONSENTUAL INCEST A CRIME. WHEN FORMS OF PHYSICAL OR MENTAL ABUSE OCCUR, PROSECUTION MAY BE INITIATED UNDER OTHER LAWS. FOOTNOTES ARE PROVIDED. (RCB)

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