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No Means No, but where's the force? addressing the challenges of formally recognising non-violent sexual coercion as a serious criminal offence
Date
2014
Abstract
Historically, in order to prove an allegation of rape it was necessary to show that sexual intercourse had been obtained by force and that the complainant had resisted the efforts of her attacker to the utmost. The requirements of force and resistance have long since been replaced by the consent standard with common law jurisdictions now typically defining rape as sexual intercourse without consent. However, as Munro points out, despite the formal abolition of the force requirement, in practice evidence of physical injury or at least the threat thereof (e.g. use of a weapon, words of violence) makes a conviction for rape more likely than when these features are absent.1 In her view, the use of force by the defendant
Supervisor
Description
peer-reviewed
Publisher
SAGE Publications Ltd.
Citation
The Journal of Criminal Law;78(4),pp.309-325
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Files
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Leahy_2014_No.pdf
Adobe PDF, 596.65 KB
Keywords
Funding code
Funding Information
Sustainable Development Goals
External Link
Type
Article
Rights
https://creativecommons.org/licenses/by-nc-sa/1.0/