Intoxicated Consent in Rape: Bree and Juror Decision-Making

12 Pages Posted: 26 Feb 2008

See all articles by Philip Rumney

Philip Rumney

University of the West of England

Rachel Anne Fenton

affiliation not provided to SSRN

Abstract

The article examines the recent Court of Appeal judgment in Bree, in which the court considered the guidance that should be given to a jury when the complainant is intoxicated at the time of an alleged rape. As well as analysing the reasoning of the court in Bree, the judgment is placed in context by examining factors, such as social attitudes, that influence juror decision-making in rape cases. It also examines the suggestion made by the court in Bree that further law reform in this area would represent patronising interference in the lives of women.

Suggested Citation

Rumney, Philip and Fenton, Rachel Anne, Intoxicated Consent in Rape: Bree and Juror Decision-Making. Modern Law Review, Vol. 71, Issue 2, pp. 279-290, March 2008, Available at SSRN: https://ssrn.com/abstract=1095512 or http://dx.doi.org/10.1111/j.1468-2230.2008.00692.x

Philip Rumney (Contact Author)

University of the West of England ( email )

Frenchay Campus
Coldharbour Lane
Bristol, BS16 1QY
United Kingdom

Rachel Anne Fenton

affiliation not provided to SSRN

No Address Available

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