![handle is hein.journals/medlgjr44 and id is 1 raw text is:
THE MEDICO-LEGAL
JOURNAL
Founded 1901
Vol. 44 1976 Part One
EDITORIAL
Rape
THIS EMOTIONAL topic has recently been much in the news and a good
deal of misinformation and prejudice has been expressed and many opinions,
some well-informed and others less well-informed, have been liberally made
part of the public diet.
It is refreshing, therefore, to be able to read the Report of the Advisory
Group on the Law of Rape*, which has managed to achieve much in a
short time. The Advisory Group under the distinguished Chairmanship of
Mrs. Justice Heilbron was appointed in July 1975 to give urgent con-
sideration to the law of rape in the light of recent public concern and to
advise the Home Secretary whether early changes in the law are desirable.
Much of the recent public debate on the topic of rape was triggered
by the case of the Director of Public Prosecutions v. Morgan and Others
[1975] 61. Cr. App.R.136, and the Advisory Group was asked in particular
to consider whether any change in the law of rape was desirable as a result
of the judgement in Morgan.
In this case the House of Lords considered as a matter of law in rape,
the position of a man who believed, though mistakenly, that the woman
alleging rape consented to sexual intercourse. Their Lordships decided by
a majority that the crime of rape consisted in having sexual intercourse
with a woman with intent to do so without her consent or recklessly, not
caring whether she consented or not. A man could not commit rape if
he did not have that essential guilty or criminal mind-the mens rea.
If therefore, an accused had a genuine belief that the woman consented,
whether or not that belief was based on reasonable grounds, he could not
be found guilty of rape, as the existence of such a belief negatives the
guilty mind. They further decided that the reasonableness or otherwise of
the belief was a factor, but only one which the jury had to take into
account; but in the light of all the evidence it would have been unlikely in
* Cmnd. 6352 1975.](ViewImageLocal?handle=hein.journals/medlgjr44&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most