Ten years on: consent under the Sexual Offences Act 2003

SJÖLIN, C., 2015. Ten years on: consent under the Sexual Offences Act 2003. The Journal of Criminal Law, 79 (1), pp. 20-35. ISSN 0022-0183

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Abstract

As the clock ticked over from 30th April to 1st May 2004 the Sexual Offences Act 20031 came into force and the Sexual Offences Act 19562 was repealed, fundamentally changing the law on sexual offences in England and Wales. Perhaps the most major changes were in respect of consent. This article examines on the changes the Act made to three aspects of consent: the provision of a statutory definition, the effect of deception of C on the validity of C’s consent and the role of D’s belief in C’s consent. To this end the article considers the pre-SOA 2003 law on consent, the impetus and proposals for reform, the Act and how it has been implemented by the courts and finally how the Act could be improved to provide greater clarity substantively and procedurally to achieve the aims which lay behind the reform of consent in the first place.

Item Type: Journal article
Publication Title: The Journal of Criminal Law
Creators: Sjölin, C.
Publisher: SAGE Publications
Date: 2015
Volume: 79
Number: 1
ISSN: 0022-0183
Identifiers:
NumberType
10.1177/0022018314566744DOI
Divisions: Schools > Nottingham Law School
Depositing User: EPrints Services
Date Added: 09 Oct 2015 10:43
Last Modified: 09 Jun 2017 13:37
URI: http://irep.ntu.ac.uk/id/eprint/17108

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