Rape Without Consent

Posted: 29 Feb 2008

See all articles by Victor Tadros

Victor Tadros

University of Warwick - School of Law

Date Written: 2006

Abstract

This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would allow the law to express that violence is central to the offence of rape where violence is present, but it would also allow convictions of rape where there is no violence. The argument is developed through critical engagement with the law of rape as set out in the Sexual Offences Act 2003. The Sexual Offences Act, it is argued, fails adequately to meet the concerns outlined above.

Suggested Citation

Tadros, Victor, Rape Without Consent ( 2006). Oxford Journal of Legal Studies, Vol. 26, Issue 3, pp. 515-543, 2006, Available at SSRN: https://ssrn.com/abstract=1096828 or http://dx.doi.org/10.1093/ojls/gql016

Victor Tadros (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
(44) 024 76523075 (Phone)
(44) 024 76524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/tadros

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