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15 - Sexual Violence

from Section V - Regulating Sexuality and Bodily autonomy

Published online by Cambridge University Press:  05 June 2012

Celia Wells
Affiliation:
University of Bristol
Oliver Quick
Affiliation:
University of Bristol
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Summary

Sexual violence and the criminal process

Home Office 2002 Protecting the Public: Strengthening Protection Against Sex Offenders and Reforming the Law on Sexual Offences (Cmnd 5668) (HMSO) p. 9

The law on sex offences, as it stands, is archaic, incoherent and discriminatory. Much of it is contained in the Sexual Offences Act 1956, and most of that was simply a consolidation of nineteenth-century law. It does not reflect the changes in society and social attitudes that have taken place since the Act became law and it is widely considered to be inadequate and out of date.

While some piecemeal reform has taken place over the years, we have now undertaken a comprehensive review of the law so that it can meet the needs of today's society. The law on sex offences needs to set out what is unacceptable behaviour and must provide penalties that reflect the seriousness of the crimes committed. Some behaviour that should be covered by the criminal law is not at present. We know far more now about the insidious ways in which sexual abuse takes place and we have listened to the voices of victims about the profound and long-lasting effects of abuse. Our new framework of offences will plug existing gaps and seek to protect society from rape and sexual assault at one end of the spectrum and from voyeurism at the other. A special emphasis must be placed on the protection of children and the most vulnerable. […]

Type
Chapter
Information
Lacey, Wells and Quick Reconstructing Criminal Law
Text and Materials
, pp. 489 - 539
Publisher: Cambridge University Press
Print publication year: 2010

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References

Bourke, Joanne, Rape: A History from 1860 to the Present (Virago Press 2008).Google Scholar
Ellison, Louise, ‘The Use and Abuse of Psychiatric Evidence in Rape Trials’ (2009) 13 The International Journal of Evidence & Proof28.CrossRefGoogle Scholar
Crown, HM Prosecution Service Inspectorate (HMCPS) and HM Inspectorate of Constabulary (HMIC), Without Consent: A Report on the Joint Review of the Investigation and Prosecution of Rape Offences (2007).
Kelly, Liz, Lovett, J., and Regan, L., A Gap or a Chasm? Attrition in Reported Rape Cases, Child and Women Abuse Studies Unit. Home Office Research Study 293 (2005).
Kelly, Liz, Temkin, Jennifer and Griffiths, Sue, Section 41: an evaluation of the new legislation limiting sexual history evidence in rape trials, Home Office Online Report 20/06.
Lees, Sue, Carnal Knowledge: Rape on Trial (Hamish Hamilton 1996).Google Scholar
Rumney, Philip, ‘False Allegations of Rape’ (2006) 65 Cambridge Law Journal128.CrossRefGoogle Scholar
Tadros, Victor, ‘Rape without Consent’ (2006) 26 Oxford Journal of Legal Studies515.CrossRefGoogle Scholar
Temkin, Jennifer, ‘Criminal Procedure Prosecuting and Defending Rape: Perspectives from the Bar’ (2000) 27 Journal of Law & Sociely219.CrossRefGoogle Scholar
Temkin, Jennifer, Rape and the Legal Process (2nd edn., Oxford University Press 2002).CrossRefGoogle Scholar
Temkin, Jennifer and Ashworth, Andrew, ‘The Sexual Offences Act 2003: Rape, Sexual Assaults and the Problem of Consent’ [2004] Criminal Law Review 328.

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  • Sexual Violence
  • Celia Wells, University of Bristol, Oliver Quick, University of Bristol
  • Book: Lacey, Wells and Quick Reconstructing Criminal Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511751028.019
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  • Sexual Violence
  • Celia Wells, University of Bristol, Oliver Quick, University of Bristol
  • Book: Lacey, Wells and Quick Reconstructing Criminal Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511751028.019
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Sexual Violence
  • Celia Wells, University of Bristol, Oliver Quick, University of Bristol
  • Book: Lacey, Wells and Quick Reconstructing Criminal Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511751028.019
Available formats
×