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Title: Alcohol-related Rape Cases: Barristers’ Perspectives on the Sexual Offences Act 2003 and Its Impact on Practice
Authors: Gunby, Clare
Carline, Anna
Beynon, Caryl
First Published: Dec-2010
Publisher: Vathek Publishing
Citation: Journal of Criminal Law, 2010, 74 (6), pp. 579-600
Abstract: This article discusses the findings of a qualitative study which interviewed 14 barristers about the law-in-action reality of rape cases involving alcohol intoxication. The study aimed to identify how a number of provisions introduced by the Sexual Offences Act 2003 were perceived by barristers, worked in practice and their overall impact in terms of improving the law of rape and specifically, alcohol-involved rape. The article focuses on barristers’ opinions relating to the definition of consent as contained in s. 74; the ‘consent presumptions’, with specific emphasis on s. 75(2)(f); the jurors’ perceived response to jury directions and definitions; and barristers’ opinions on the need for future reforms in this area. It is argued that certain provisions introduced by the 2003 Act are not always utilised in a way that was intended, have been interpreted and applied narrowly and, in a number of instances, fail to assist the jury.
DOI Link: 10.1350/jcla.2010.74.6.670
ISSN: 0022-0183
eISSN: 1740-5580
Version: Publisher Version
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2010, Vathek Publishing. Deposited with reference to the publisher’s archiving policy available on the SHERPA/RoMEO website.
Appears in Collections:Published Articles, Dept. of Criminology

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