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Intoxicated Consent in Rape: Bree and Juror Decision‐Making
Author(s) -
Rumney Philip N. S.,
Fenton Rachel Anne
Publication year - 2008
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2008.00692.x
Subject(s) - jury , appeal , plaintiff , context (archaeology) , law , psychology , political science , criminology , history , archaeology
The article examines the recent Court of Appeal judgment in Bree, in which the court considered the guidance that should be given to a jury when the complainant is intoxicated at the time of an alleged rape. As well as analysing the reasoning of the court in Bree, the judgment is placed in context by examining factors, such as social attitudes, that influence juror decision‐making in rape cases. It also examines the suggestion made by the court in Bree that further law reform in this area would represent ‘patronising interference’ in the lives of women.