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英国法律硕士论文:英国和威尔士的强奸法改革

时间:2017-06-12 13:42来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien
二十一世纪初对英国和威尔士的性犯罪立法进行了重大改革。在这项改革之前,《性犯罪法》是以1956年实施的立法为基础的,有些部分追溯到十九世纪。不用说,这项立法是过时的,不适合于二十一世纪。自1956年立法,包括在1994中列入婚内强奸和男子强奸以来,已经作出了一些重要的修正。然而,这些零碎的变化导致了非常混乱的法律,以至于必须访问许多不同的行为,以便破解任何特定的法律所处的位置。内政部承认,这导致了一个“被子”的规定。以前的法律也受到异常、不恰当的语言和歧视的困扰,其中一些可能被解释为侵犯人权立法。
新当选的1997年工党政府承诺帮助性犯罪受害者获得司法公正,从1999开始进行详细和冗长的审查程序(性犯罪审查)。其次是性犯罪法案,最后是《性犯罪法》第2003号的到来,该法令于2004年5月生效。本文概述了女权主义者以前对英国和威尔士的强奸法所作的批评,并描述和评价了与强奸有关的新立法。
 
1. Introduction 简介
The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this legislation was grossly dated and unsuitable for the 21st Century. A number of important amendments had been made since the 1956 legislation, including the inclusion of marital rape and male rape in 1994[3]. However, these piecemeal changes resulted in very confusing laws, to the extent that many different Acts had to be accessed in order to decipher where the law stood on any given matter. The Home Office acknowledged that this had led to a ‘patchwork quilt of provisions' (Home Office, 2000, pg. iii). The previous law was also plagued by anomalies, inappropriate language[4] and discrimination, some of which may have been construed as violating human rights legislation.
 
Starting with a pledge by the newly elected 1997 Labour government to help victims of sexual offences obtain justice, a detailed and lengthy review process was initiated in 1999 (the Sexual Offences Review). This was followed by a Sexual Offences Bill and then, finally, the arrival of the Sexual Offences Act 2003, which came into force in May 2004. This article outlines the criticisms feminists have previously made about rape law in England and Wales and describes and evaluates as far as possible the new legislation as it relates to rape.
 
2. The attrition problem 耗损问题
The criticisms feminist academics and activists have highlighted in terms of rape law in England and Wales are similar to those described in other countries with adversarial legal systems. These include: the difficulties in proving non-consent; cross-examination; rape myths; the use of sexual history evidence in court; and the 1976 ruling in Morgan[5] that an ‘mistaken' but ‘honest' belief in consent should lead to an acquittal even if this belief in consent is not a ‘reasonable' one. The incredibly high attrition rate for rape cases has been a major concern underpinning many of these criticisms and acted as a strong push factor towards the strengthening of the law on sexual offences. Quite simply, most rape victims who report the offence to the police will never even see their case reach court, never mind see the perpetrator convicted for rape.(责任编辑:BUG)


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