Reforming the Law of Rape in the United States: Some Advice from the Antipodes

Hemming, Andrew ORCID: https://orcid.org/0000-0002-1314-0737 (2020) Reforming the Law of Rape in the United States: Some Advice from the Antipodes. Florida Journal of International Law, 32 (1):1. pp. 1-47. ISSN 1556-2670

Abstract

This Article sets out a comprehensive model provision for the crime of rape by defining the specified fault elements, such as knowledge and recklessly, within the provision. In particular, the definition of recklessly incorporates a requirement that the person took reasonable steps to ascertain consent. The model provision also addresses the twin issues of intoxication and mistake of fact, with the aim of making the fault elements of the crime of rape more objective.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Faculty/School / Institute/Centre:	Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre:	Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited:	16 Jul 2021 06:02
Last Modified:	20 Oct 2021 04:40
Uncontrolled Keywords:	Rape - Model Provision - United States
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480503 Criminal procedure
Socio-Economic Objectives (2008):	C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
Socio-Economic Objectives (2020):	23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230403 Criminal justice
URI:	http://eprints.usq.edu.au/id/eprint/42762

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