Rape and the Unconscionable Bargain (original) (raw)

SSRN Electronic Journal, 1992

Abstract

ABSTRACT Lack of consent to sexual intercourse is an essential component of the crime of rape. Subject to certain limitations enunciated by the courts, the issue of lack of consent in a rape trial has been largely left to the jury. Consequently two areas of concern arise: first, whether the limitations upon the legal standard of consent currently imposed by the courts can continue to be justified; and secondly, whether the jury should be given further guidelines in relation to the quality of consent. These questions are particularly important in light of the Crimes (Rape) Act 1991 (Vic) which was passed, inter alia, in order to "clarify the concept of consent" and to "reaffirm the fundamental right of a person not to engage in sexual activity."

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