Mistaken Sex

Criminal Law Review, pp. 511-524, 2005

15 Pages Posted: 24 Oct 2008

See all articles by Jonathan Herring

Jonathan Herring

University of Oxford - Faculty of Law

Date Written: 2005

Abstract

This article considers how the law should deal with cases where a woman consents to sexual penetration, but does on the basis of a mistaken fact, when had she known the truth she would not have consented. It argues that in such a case she should not be taken to have consented. Further, if the penetrator knew or ought to have known of her mistake he should be guilty of rape. It argues that the Sexual Offences Act 2003 could be read in such a way as to support this conclusion.

Keywords: sexual offences

Suggested Citation

Herring, Jonathan J. W., Mistaken Sex (2005). Criminal Law Review, pp. 511-524, 2005. Available at SSRN: https://ssrn.com/abstract=1287130

Jonathan J. W. Herring (Contact Author)

University of Oxford - Faculty of Law ( email )

New Road
Oxford, OX1 1NF
United Kingdom

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