Sentencing sexual offences: should initial consent to sexual activity be regarded as a mitigating factor?

Research output: Contribution to journalArticle

Abstract

Questions, with reference to case law from other jurisdictions, whether initial consent to sexual activity should be seen as a mitigating factor in light of Ibbotson (Lee) v HM Advocate (HCJ Appeal) and C (L) v HM Advocate (HCJ Appeal), both involving rape convictions where complainers withdrew their consent to intercourse.
Original languageEnglish
Pages (from-to)2-5
Number of pages4
JournalGreens Criminal Law Bulletin
Issue number181
Publication statusPublished - 2023

Keywords

  • Comparitive law
  • Consent
  • Ireland
  • Mitigation
  • New Zealand
  • Rape
  • Scotland
  • Sentence length
  • Sexual offences

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