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Words: | Submitted: Mon Jun 19 2006
... 2000/2001 approximately only 7% of all rape allegations resulted in a conviction2, and many more were never reported at all. It is in light of these worrying statistics that improvements to the Sexual offences Bill were sought. However, of all the changes outlined in the Sexual Offences Bill the proposals to alter the law on rape are possibly the most controversial and whether they can rightly be termed improvements is subject to much debate. One of the key reforms deals with the mens rea of the offence of rape and it is this reform with which I am primarily concerned. Prior to the infamous case of Morgan3 no statutory definition of mens rea with regard to rape existed. It was simply stated that it was "an offence for a man to rape a women"4. However the decision in this case became synonymous with the proposition that if a man honestly believed ...
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