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Knowledge or belief concerning consent in rape law: Recommendations for change in Ireland

Daly, Yvonne Marie orcid logoORCID: 0000-0001-5654-665X (2020) Knowledge or belief concerning consent in rape law: Recommendations for change in Ireland. Criminal Law Review (6). pp. 478-496. ISSN 0011-135X

Abstract
The Law Reform Commission of Ireland has recommended altering the law in that jurisdiction in relation to knowledge or belief concerning consent in rape cases. Essentially, the recommendation is to move from a subjective test based on an accused’s honest belief to a primarily objective test based on reasonable belief, taking account of specific subjective aspects of personal capacity and steps taken by the accused to ascertain consent. This article outlines the recommendations of the Law Reform Commission against the backdrop of the existing law and context in Ireland. It compares the newly-proposed law with the existing law in England and Wales, explores the preference for subjectivity in Irish criminal law (and its constitutional dynamic), and considers the potential impact of the recommended change. The effect of rape myths and stereotypes on jury deliberations is a theme which runs through the article.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:Comparative law; Consent; Constitutional law; Honest belief; Ireland; Juries; Knowledge; Law Reform Commission of Ireland; Rape
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Sweet & Maxwell
Copyright Information:© 2020 Thomson Reuters
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:24539
Deposited On:04 Jun 2020 14:46 by Fran Callaghan . Last Modified 01 Jun 2021 03:30
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