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Words: | Submitted: Fri Jan 28 2005
... case of DPP -v- Morgan2. The House of Lords stated that if a genuine belief of consent alone is shown, there is no need for any reasonable grounds for such consent. Clearly the aim of a safe conviction of the defendant is paramount above that of the protection of the victim in this case. Clearly the protection of the victim needs to be enhanced, and in Satnam3, this appeared to outline a two-stage test; aiming primarily again for a subjective test, but with an objective element. However, the objective element merely invited juries to consider what the reasonable person might have done in the given situation, and not base their verdict on this alone. The Sexual Offences Bill4, when introduced in January 2003, stated that, should the Actus Reus be proven, a defendant would be guilty of rape if he did not believe that the other person was consenting, or if ...
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