Institutions
|
About Us
|
Help
|
Gaeilge
0
1000
Home
Browse
Advanced Search
Search History
Marked List
Statistics
A
A
A
Author(s)
Institution
Publication types
Funder
Year
Limited By:
Subject = Honest belief;
1 items found
Sort by
Title
Author
Item type
Date
Institution
Peer review status
Language
Order
Ascending
Descending
25
50
100
per page
Bibtex
CSV
EndNote
RefWorks
RIS
XML
Displaying Results 1 - 1 of 1 on page 1 of 1
Marked
Mark
Knowledge or belief concerning consent in rape law: Recommendations for change in Ireland
(2020)
Daly, Yvonne Marie
Knowledge or belief concerning consent in rape law: Recommendations for change in Ireland
(2020)
Daly, Yvonne Marie
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.
http://doras.dcu.ie/24539/
Displaying Results 1 - 1 of 1 on page 1 of 1
Bibtex
CSV
EndNote
RefWorks
RIS
XML
built by Enovation Solutions