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

Article

Hemming, Andrew. 2020. "Reforming the Law of Rape in the United States: Some Advice from the Antipodes." Florida Journal of International Law. 32 (1), pp. 1-47.
Article Title

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

ERA Journal ID33328
Article CategoryArticle
Authors
AuthorHemming, Andrew
Journal TitleFlorida Journal of International Law
Journal Citation32 (1), pp. 1-47
Article Number1
Number of Pages47
Year2020
Place of PublicationUnited States
ISSN0882-6420
1556-2670
Web Address (URL)https://heinonline.org/HOL/LandingPage?handle=hein.journals/fjil32&div=5&id=&page=
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.

KeywordsRape - Model Provision - United States
ANZSRC Field of Research 2020480503. Criminal procedure
Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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