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. Attached Files Name Description MIMEType Size Downloads arenson-chaoticstate-2014.pdf Published version application/pdf 195.70KB 414 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 The article concludes with a strenuous recommendation that s. 37AA be repealed or substantially amended in order to comport with ss 36 and 38 as well as the Court of Appeal’s decision in NT v The Queen that significantly reshaped the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 Open Access Collection   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 Mon, 08 Sep 2014, 11:38:00 EST Mon, 08 Sep 2014, 15:47:02 EST Wed, 10 Sep 2014, 11:21:53 EST Wed, 10 Sep 2014, 11:27:39 EST Wed, 10 Sep 2014, 11:30:43 EST Wed, 10 Sep 2014, 11:31:37 EST Tue, 09 Dec 2014, 08:24:46 EST Wed, 07 Sep 2016, 07:39:10 EST Wed, 06 Dec 2017, 06:09:18 EST Fri, 07 Sep 2018, 17:16:37 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 343 Abstract Views, 419 File Downloads  -  Detailed Statistics Created: Mon, 08 Sep 2014, 11:37:31 EST by Gloria Stevenson