Criminal Law Review, pp. 511-524, 2005
15 Pages Posted: 24 Oct 2008
Date Written: 2005
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
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