NCJ Number
57462
Date Published
1975
Length
49 pages
Annotation
THIS REPORT DEFINES RAPE, REVIEWS THE PRESENT LAW, SUMMARIZES THE MORGAN CASE WHICH WAS IMPETUS FOR THE WORK OF THE GROUP, AND RECOMMENDS CHANGES IN BRITISH RAPE LAW.
Abstract
LACK OF CONSENT RATHER THAN VIOLENCE IS THE CRITERION FOR DETERMINING RAPE. THE MORGAN CASE FOCUSES ON CULPABILITY AND RECKLESSNESS OF THE DEFENDANTS. OTHER QUESTIONS ADDRESSED BY THE ADVISORY GROUP INCLUDE PREVIOUS HISTORY, ANONYMITY, AND THE WOMAN'S CHARACTER. A BALANCE OF QUESTIONS ABOUT THE WOMAN'S CHARACTER IS RECOMMENDED WITH THE DEFENDANT BEING REQUIRED TO ANSWER QUESTIONS CONCERNING HIS CHARACTER OR PREVIOUS OFFENSES, ANONYMITY FOR BOTH COMPLAINANT AND DEFENDANT, AND THE PRIMACY OF CONSENT ON THE PART OF THE WOMAN. EVEN IF THE ACCUSED BELIEVES THAT THE WOMAN CONSENTED, AAS WAS THE CASE IN MORGAN, THE REASONABLENESS OF SUCH A BELIEF MUST BE DETERMINED. APPENDED MATERIALS LIST ADVISORY GROUPS AND RECENT BILLS INTRODUCED BY MEMBERS OF PARLIAMENT AND ALSO SUMMARIZE THE RECOMMENDATIONS. (RFC)