NCJ Number
20619
Journal
Criminal Law Review Dated: (AUGUST 1975) Pages: 421-429
Date Published
1975
Length
19 pages
Annotation
THIS ARTICLE CONTAINS PROPOSALS FOR THE REFORM OF THE LEGISLATION CONCERNING SEXUAL OFFENSES IN ENGLAND.
Abstract
AFTER STATING CERTAIN GENERAL PRINCIPLES WHICH SHOULD GOVERN ANY REFORM OF SEXUAL CRIMES, THE AUTHOR PROPOSES A NEW FORMULATION OF THE LAW INVOLVING THE ABOLITION OF MANY EXISTING OFFENSES AND THE ENACTMENT OF TWO NEW ONES. CENTRAL TO THIS NEW FORMULATION WOULD BE THE CONCEPT OF CONSENT. TAKING CONSENT AS A BASIS, MAIN SEXUAL CRIMES COULD BE CLASSIFIED IN TWO CATEGORIES -- THOSE WHERE THERE IS NO CONSENT IN FACT, AND THOSE WHERE THERE IS NO CONSENT IN LAW. THE AUTHOR PROPOSES THAT THE CRIMES FALLING WITHIN THE FORMER CATEGORY BE REPLACED BY A SINGLE NEW OFFENSE OF SEXUAL ATTACK. OFFENSES WHERE THERE IS NO CONSENT IN LAW SHOULD BE CLASSIFIED AS CRIMINAL SEXUAL RELATIONS. A DETAILED DEFINITION IS THEN PROPOSED FOR EACH CATEGORY. IN THE OPINION OF THE AUTHOR, THE ADOPTION OF THIS SCHEME WOULD RESULT IN A BETTER AND MORE SIMPLE FORMULATION OF THE LAW GOVERNING MAIN SEXUAL OFFENSES...KAP