Herring, J and McCormack, S
(2025)
Reframing rape: from consent to responsibility.
Gender and Justice.
pp. 1-20.
ISSN 3033-3660
DOI: https://doi.org/10.1332/30333660Y2025D000000010
Abstract
This article proposes a rethinking of rape, with a model that can be applied to other sexual offences. It starts from the proposition that a sexual penetration is a prima facie legal wrong, which requires justification. This imposes an obligation on the person penetrating another to have sufficiently good reasons to justify the penetration. The justificatory reasons are only provided by a reasonable belief in consent, richly understood. Rape should, therefore, be redefined as a sexual penetration without a reasonable belief in the other’s consent. This means the focus in rape trials should not be on whether the victim consented, but rather on whether the defendant had good reasons to believe there was sufficiently rich consent.
More Information
Divisions: | Leeds Law School |
---|---|
Identification Number: | https://doi.org/10.1332/30333660Y2025D000000010 |
Status: | Published |
Refereed: | Yes |
Publisher: | Bristol University Press |
Additional Information: | This is a post-peer-review, pre-copy edited version of an article published in Gender and Justice. The definitive publisher-authenticated version Herring, J., & McCormack, S. (2025). Reframing rape: from consent to responsibility. Gender and Justice (published online ahead of print 2025). Retrieved Jun 11, 2025, from https://doi.org/10.1332/30333660Y2025D000000010 is available online at: 10.1332/30333660Y2025D000000010 |
SWORD Depositor: | Symplectic |
Depositing User (symplectic) | Deposited by Mc Cormack, Sorcha |
Date Deposited: | 20 Mar 2025 16:38 |
Last Modified: | 27 Jun 2025 21:07 |
Item Type: | Article |
Download

Restricted to Repository staff only until 17 April 2026.
Due to copyright restrictions, this file is not available for public download. For more information please email openaccess@leedsbeckett.ac.uk.
Due to copyright restrictions, this file is not available for public download. For more information please email openaccess@leedsbeckett.ac.uk.