Rape and Consent

16 Pages Posted: 2 Sep 2014  

Nicholas McBride

University of Cambridge - Faculty of Law

Date Written: September 1, 2012

Abstract

In this paper, I look at the difficult issue of when we should say, for the purposes of the law of rape, that A did not consent to have sex with B when A agreed to have sex with B, but A's agreement to have sex was flawed in some way (because of some mistake by A, or misrepresentation by B, or threat by B, or some need on A's part). I attempt to resolve this issue by setting out a number of different theories as to what is wrong with rape, and discussing what implications these theories have for whether or not we should say that A consented to have sex with B in the kind of situations discussed in the paper.

Keywords: rape, consent, crime, criminal law

Suggested Citation

McBride, Nicholas, Rape and Consent (September 1, 2012). Available at SSRN: https://ssrn.com/abstract=2489819 or http://dx.doi.org/10.2139/ssrn.2489819

Nicholas McBride (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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