Fraud and consent in Australian rape law

Crowe, Jonathan (2014) Fraud and consent in Australian rape law. Criminal Law Journal, 38 4: 236-249.

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Name Description MIMEType Size Downloads
Author Crowe, Jonathan
Title Fraud and consent in Australian rape law
Journal name Criminal Law Journal   Check publisher's open access policy
ISSN 0314-1160
Publication date 2014-08
Year available 2014
Sub-type Article (original research)
Open Access Status
Volume 38
Issue 4
Start page 236
End page 249
Total pages 14
Place of publication Rozelle, NSW, Australia
Publisher Lawbook
Collection year 2015
Language eng
Formatted abstract
This article examines the circumstances in which fraud will vitiate consent to sex for the purposes of Australian rape law. It begins by summarising the Australian common law position on fraud in rape law, before discussing the relevant legislative provisions and recent case law in the various Australian jurisdictions. It is argued that the common features of legal approaches to this issue in the Australian States and Territories raise potentially serious problems of vagueness and overbreadth. Three possible responses are then examined. The article concludes that the most promising immediate response lies in a purposive judicial attitude to interpreting and applying the statutory framework, rather than further legislative reform or systematic reading down of the relevant provisions.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2015 Collection
TC Beirne School of Law Publications
 
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Created: Fri, 25 Jul 2014, 15:36:59 EST by Carmen Buttery on behalf of T.C. Beirne School of Law