Human Rights and Rape

Criminal Law Review, Vol. 228, 2007

Posted: 21 Oct 2008  

Jonathan Herring

University of Oxford - Faculty of Law

Date Written: 2007

Abstract

This article defends the author's views from a challenge presented by Professor Hyman Goss. It argues that criminalising a man who uses force or deceptions to obtain his partner's consent to sex, does not infringe his human rights, but rather protects the partner's rights to sexual autonomy. It also denies claims that in seeking to criminalise cases of 'rape by fraud' or where the victim is mistaken over an essential fact that the author is being a moralist.

Keywords: sexual offences

Suggested Citation

Herring, Jonathan, Human Rights and Rape (2007). Criminal Law Review, Vol. 228, 2007. Available at SSRN: https://ssrn.com/abstract=1287136

Jonathan J. W. Herring (Contact Author)

University of Oxford - Faculty of Law ( email )

New Road
Oxford, OX1 1NF
United Kingdom

Paper statistics

Abstract Views
1,311