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The chaotic state of the law of rape in Victoria: a mandate for reform

Arenson, Kenneth J. 2014, The chaotic state of the law of rape in Victoria: a mandate for reform, Journal of criminal law, vol. 78, no. 4, pp. 326-340.

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Title The chaotic state of the law of rape in Victoria: a mandate for reform
Author(s) Arenson, Kenneth J.
Journal name Journal of criminal law
Volume number 78
Issue number 4
Start page 326
End page 340
Total pages 15
Publisher Vathek Publishing
Place of publication Isle of Man, British Isles
Publication date 2014
ISSN 0022-0183
Keyword(s) rape
consent
genuine belief in consent
Morgan principle
sexual offence
Summary This article is intended as a final commentary and sequel to two earlier articles in this journal that have examined the arcane and circular wording of s. 37AA of the Crimes Act 1958 (Vic) and its patent incompatibility with ss 36 and 38 of that Act that define the elements of rape. In particular, this article will revisit many of the essential points raised in the first two articles in order to afford readers with an appropriate backdrop against which the Victorian Court of Appeal’s decision in GC v The Queen will be examined. The article concludes with a strenuous recommendation that s. 37AA be repealed or substantially amended in order to comport with ss 36 and 38 as well as the Court of Appeal’s decision in NT v The Queen that significantly reshaped the Morgan principle.
Language eng
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 ©2014, Vathek Publishing
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30065608

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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Created: Mon, 08 Sep 2014, 11:37:31 EST by Gloria Stevenson

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.