Ostensible consent and strict liability: sentencing the offence of rape of a young child under the Sexual Offences (Scotland) Act 2009

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Abstract

Examines Rae (Callum) v HM Advocate (HCJ Appeal) in which the court provided guidance in the form of statements of principle for sentencing sexual offences involving young children under the Sexual Offences (Scotland) Act 2009 ss.18-26, focusing on the court's consideration of the relevance of the complainer's ostensible consent in cases where the offender was convicted of a contravention of s.18 of the Act.
Original languageEnglish
Pages (from-to)1-5
Number of pages6
JournalGreens Criminal Law Bulletin
Volume2021
Issue number171
Publication statusPublished - 2021

Keywords

  • Custodial sentences
  • Defences
  • Rape of child under 13
  • reasonable belief
  • Scotland

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