The Current English Law On Rape

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Williams: Now let us consider the current English law on rape. You would argue that in order for the defendant to commit an offense, he must have intentionally penetrated the vagina, anus or mouth of the victim without consent to the penetration? English Citizen: Yes, I would also argue that the defendant must not have reasonably believed that the victim consented for the defendant to commit an offense. Williams: Interesting. How would you judge whether a defendant held this “reasonable” belief? English Citizen: I would consider the statute on rape in the Sexual Offences Act 2003 that states, “Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.” Williams: Would you mind explicitly stating the evidential presumptions regarding consent? English Citizen: Yes, I can. For an offense to be applied, it must prove that the defendant did the relevant act, and that any of the circumstance specified in subsection (2) existed, as well as that the defendant knew that those circumstances existed. In subsection (2), evidential presumptions might arise if the defendant used violence or fear, as well as if the victim was asleep, unlawfully detained, administered a substance that caused them to be subject to the rape or if the victim possessed a physical disability. Furthermore, sufficient evidence must be presented to raise an issue as to whether the
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