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Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism

Arenson, Kenneth J. 2012, Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism, Journal of criminal law, vol. 76, no. 5, pp. 399-420, doi: 10.1350/jcla.2012.76.5.795.

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Title Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism
Author(s) Arenson, Kenneth J.
Journal name Journal of criminal law
Volume number 76
Issue number 5
Start page 399
End page 420
Total pages 22
Publisher Vathek Publishing
Place of publication Isle of Man, England
Publication date 2012-10-01
ISSN 0022-0183
1740-5580
Keyword(s) sexual assault
preferential treatment
strict and absolute liability
presumption of innocence
legislative reform
Summary In recent decades, a disturbing trend has emerged in Victoria and elsewhere that has witnessed the emergence of statutory rules that accord preferential treatment to prosecutors and complainants in instances where allegations of rape are made. This article examines not only the manifestations of such treatment in the form of Victorian crime legislation, but the means by which the statutory crime of rape in Victoria has been transformed into an offence which, though technically one of mens rea, can effectively be prosecuted as an offence of absolute liability. The piece concludes with a discussion of the likely reasons for this trend as well as the implications of allowing such a serious offence to be prosecuted as one of absolute liability.
Notes Reproduced with the kind permission of the copyright owner.
Language eng
DOI 10.1350/jcla.2012.76.5.795
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2012, Vathek Publishing
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30050490

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.