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Critically analyse the extent to which the interests of the female victim have been addressed in the ensuing reforms of the law of rape

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  • Essay length: 3976 words
  • Submitted: 14/07/2009
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University Degree Criminology

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Critically analyse the extent to which the interests of the female victim have been addressed in the ensuing reforms of the law of rape.

Prior to the SOA 20031, the prohibited act of rape was defined as the non-consensual sexual intercourse and the guilty state of mind was the intention to commit it or recklessness as to consent2.

As per Lord Hailsham rape is the:

"...intention of having intercourse, willy-nilly, not caring whether the victim consents or not".

Once a woman sets in motion a complaint that she has been raped, she will have to undergo a prolonged ordeal. In the first place there will be a police interrogation, one of the purposes of which is to ensure that she is not making a false allegation. Next she will have to answer further questioning by the police surgeon...and undergo a thorough gynaecological examination. Furthermore, if her story of the rape is true she will, at this stage, probably be in a state of shock and possibly also have suffered painful injuries; yet she may have to spend many hours at the police station before she is able to return home...At the trial, which will take

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