Web resource:	https://www.uwa.edu.au/schools/law
Type:	Journal Article
Title:	Intimidation, consent and the role of holistic judgements in Australian rape law
Authors:	Sveinsson, Lara Crowe, Jonathan
Keywords:	Judicial processes;Consent;Legislation;Legislation analysis;Australia;Rape;Law
Year:	2017
Citation:	Vol. 42 ; pp. 136-154
Notes:	"This article examines the circumstances in which intimidation will vitiate consent to sex under Australian rape law. It begins by summarising the legislative provisions in the various Australian jurisdictions, before surveying recent appellate case law. Existing cases can usefully be grouped into a number of categories based on the kinds of intimidation involved. There is, however, almost always some degree of overlap between the various different forms of intimidation and other factors relevant to determining consent. The article concludes by examining the reasoning process utilised by the courts in these kinds of cases. It is argued that judges rely heavily on a holistic assessment of the facts of each case to determine whether consent is legally effective. This has important consequences for how statutory definitions of rape are interpreted and applied." Available online, see: http://www.law.uwa.edu.au/__data/assets/pdf_file/0009/3033846/6.-Crowe-and-Sveinsson.pdf
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15482
Appears in Collections:	Journal Articles

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