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. Attached Files Name Description MIMEType Size Downloads arenson-rapeinvictoria-2012.pdf Published version application/pdf 1.49MB 950 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 Open Access Collection Related Links Link Description Connect to published version (restricted access) Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. 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. Versions Version Filter Type Fri, 08 Feb 2013, 09:57:32 EST Tue, 12 Feb 2013, 13:22:36 EST Wed, 13 Feb 2013, 14:32:43 EST Wed, 13 Feb 2013, 14:38:56 EST Fri, 13 Jun 2014, 16:32:24 EST Tue, 06 Sep 2016, 20:29:33 EST Tue, 05 Dec 2017, 12:38:58 EST Fri, 07 Sep 2018, 16:23:19 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 622 Abstract Views, 954 File Downloads  -  Detailed Statistics Created: Fri, 08 Feb 2013, 09:57:19 EST by Aysun Alpyurek