Essay on rape and case law in uk

This demonstrates how the criminal justice system should aim to offer rehabilitation as an alternative to prison. Essay UK - http: This demonstrates that the same amount of foresight that goes into creating laws has not gone into statutory rape laws. The common law crime of rape was collectively adopted by the American colonies in the seventeenth and eighteenth centuries.

The original laws also protected those under the age of 12 which would now fall under child molestation charges. In early ancient Romeancient Chinaand other cultures, a pressure has existed which has led women to commit suicide after becoming victims of rape.

As a judge moves up the legal hierarchy, his knowledge, professionalism and ability to use his own discretion to scrutinize and assess statutes and precedents increases — making him more aware of deficiencies in existing laws.

Likewise, the suicide of female rape victims for reasons of shame is also historically documented in Chinese and Japanese culture. If the laws are needed, there also needs to be a discussion of the changes that can be made to make the laws more effective regarding gender, race and sexual orientation.

Attempted rape became a statutory offence under section 1 1 of the Criminal Attempts Act Article 36 must also be read together with Article 43 [31] which reads: Origin of statutory rape law The original statutory rape laws were gendered as the laws designed to protect females only.

In the cases that follow it seems to me that there are clear indications that judges do indeed create new law where, for example, existing laws have become outdated or inappropriate.

In the England and Wales, section 5 of the Sexual Offences Act creates the offence of "rape of a child under 13" and contains no reference to consent. Rape or coercive sexual actions without any aggravating circumstances are punishable with 3 to 6 years of imprisonment.

In some of these instances, special circumstances apply. Whether you want a rape essay for your paper, to create awareness, or any other reason you get enough research online to produce a good essay.

After describing the sexual act the offence prohibits, the explanatory notes to the Act say "whether or not the child consented to this act is irrelevant". While feminists believed they were freeing women and providing protection for males, the law became a weapon that could be wielded against homosexual boys.

However, punishing criminals can lead to variable outcomes. One success story of a prolific repeat offender who had been sentenced 60 times for some offences mainly burglary which were committed to mainly fund a drug habit can be rehabilitated ministry of justice.

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History of rape Rape was an offence under the common law of England and was classified as a felony. This could be attributed to the societal reinforcement of gender roles in the idea that men enjoy sex and teenage boys are lucky rather than victimized to be sleeping with older women.

The level of punishment and whether a criminal is put on a rehabilitation programme depends on the seriousness of the crime and the aggravating and mitigating factors.

Essay on Statutory Rape

Jeremy Bentham ridicules the idea that all laws in statutes are made by Parliament; he believes that judges can and do make law for men.

This means that sex with them, by definition of the strict liability statute, violates the law.

Rape Essays (Examples)

If laws are not effective, the purpose of them needs to be analyzed and a discussion needs to be held as to whether there is a point to statutory rape laws at all. This puts into question that are we punishing certain criminals too harshly and why are they not receiving help that they so desperately need.

Changing a societies views on sexuality could lead to: Rape happens no matter the gender. History of rape From the second part of the 20th century onwards, the crime of rape has undergone major changes in definition in many countries, especially in Western countries.

Statutory rape laws are designed to protect those deemed underage from being abused by those older who are in a position to take advantage of them. Also, the offense is committed when a victim is a person younger than fourteen years, or a person with a volitional or cognitive impairment, even in the absence of physical or psychological violence.

The most serious form of rape is Gang rape of a child under twelve years of age, classified as a felony of the first degree. Grading of Gang rape of a child below twelve years of age Difficulties in drafting effective stautory rape legislation The debate regarding rape laws is a debate which is held about laws in general.Dna Testing In Rape Cases Law Essay.

Print Reference this. Disclaimer: The Innocence Project began investigating the case in In DNA testing was ordered in the case. If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please click on the link below to.

In law, this combination of circumstances falls within the statutory definition of rape".

Rape in English law

The third case, Justine McNally v R [] EWCA Crimdiffers from those referred to above. Unlike Assange and F, both of which turned on an express condition, McNally was concerned with the material deception of the victim by the Appellant.

Rape in English law.

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Jump to navigation Jump to search. This A high profile and unusual case where this issue arose, was the UK undercover policing relationships scandal in which police officers obtained sex by deceiving as to their identity, as part of their duties.

Crown Prosecutors declined to prosecute on the basis that legally. Writing a rape essay on the heinous crime can be quite challenging given the severity of the issue. In criminal law rape is defined as a sexual assault on a person involving sexual intercourse without the other person’s consent.

When you delve deeper you will be surprised to see the topics you have to write. Common law defined rape as unlawful intercourse by a man against a woman who is not his wife by force or threat and against her will. Get Professional Help With Your Rape Case.

A rape conviction can come down to the issue of consent, which is not always clear cut.

Laws regarding rape

Your case will be decided by facts that can be established by the government. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Rape in UK courts and law.

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Essay on rape and case law in uk
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