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Browse \ Tags \ Sexual Offences

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Unveiled: The Rise of Non-Disclosure Agreements in English Law

Non-Disclosure Agreements have long played a legitimate role in protecting company information and trade secrets. However, the recent #metoo scandal uncovered how many powerful figures were using NDAs to silence their victims. Should limitations be placed on the use of NDAs?

12:00, 4th January 2019
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Parliamentary Privilege: An Outdated Right?

The #metoo campaign briefly stagnated in the UK following the granting of a temporary injunction on the identity of a high-profile allegation of sexual misconduct. However, using 'Parliamentary privilege', Lord Hain controversially revealed the identity of the alleged abuser to be Sir Philip Green.

12:00, 13th November 2018
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Sadomasochism following R v Brown: Domestic Violence or Sexual Autonomy?

The issue of whether consent can be a defence to sadomasochist sexual activity is applied inconsistently by the courts. The decisions are influenced by a number of biases - especially attitudes towards homosexuality and marriage. This article considers the implications for personal autonomy.

12:00, 12th October 2018
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Tommy Robinson's Conviction and Appeal: Considering Contempt of Court

The recent Tommy Robinson saga - which saw his conviction, imprisonment and (temporary) release all occur in a matter of weeks - captured global media attention. The elusive legal concept of contempt of court underpinned the whole story. How exactly does it work?

19:00, 5th August 2018
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The Fight for LGBT Rights in the Commonwealth Pt I: Tracing Historical Origins

One of the major legal legacies of the British Empire is the criminalisation of homosexuality, which still exists across most Commonwealth states. In the first of a two-part series, Alasdair Maher tracks the historical origins of anti-LGBT laws and how this has influenced their continued existence.

12:00, 22nd June 2018
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‘Sex for Rent’ Arrangements: Why They Exist and How to Tackle Them

There has been a rise in so-called 'sex for rent' arrangements, whereby landlords offer discounted or free accommodation in return for sexual favours. Some worry that the law cannot tackle this problem. These are misplaced; the required provisions do already exist, but lack effective enforcement.

12:00, 22nd May 2018
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The Belfast Trial: What Relying on Rape Myths Means for Justice

A defence barrister in the Belfast Trial sought to harness a rape myth in order to discredit the complainant. It is regrettable that rape myths are commonly used in this way, and even more regrettable that they are often effective in securing acquittals. The law should intervene to prevent this.

12:00, 1st May 2018
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#MeToo, #IBelieveHer and the Belfast Trial: Drawing Distinctions

There are important limitations to a finding of legal guilt in rape and sexual assault cases. This was made clear by the controversial decision in the Belfast Trial. Movements like #MeToo and #IBelieveHer must be careful to distinguish legal guilt from morally and socially unacceptable conduct.

12:00, 27th April 2018
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Upskirting: Failure of the Law to Protect Women

There are many ways the law is failing women. A shocking example is the lack of a specific offence for upskirting. However, the #stopskirtingtheissue campaign has led to a private member's bill being considered by Parliament, giving hope that this will soon change.

12:00, 9th March 2018
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Do New Evidence Proposals for Rape Cases Strike a Fair Balance?

New evidence proposals have been given wide coverage in the media. While they may seem ideologically sound, does a close examination of their practicalities lead to questions about whether these reforms could be quite damaging to an area already struggling to strike an intricate balance?

12:00, 7th July 2017
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Restructuring the Offence of Rape: A Strive to Meet Feminist Concerns

Rape can be committed through a spectrum of circumstances, from a misunderstanding of consent to an act of violent sexual invasion. With the rise of feminism through its third wave, this spectrum is being considered with scrutiny; it is time for a differentiated offence of rape.

12:00, 29th December 2015
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Gendered Legislation: Critiquing the Sexual Offences Act 2003

Sexual abuse is finally being spoken about openly, and legislation has come a long way to improve equality before the law. However there is much more progress required. The Sexual Offences Act 2003 remains gender-specific in certain instances, treating male and female 'rape' differently.

12:06, 9th November 2015
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Catfishing: When Can Deception Vitiate Consent to Sexual Activity?

New developments in the world of social media have led, as the 2010 US documentary Catfish revealed, to an alarming trend in the rise of online deception. How does the modern phenomenon sit with the existing law regarding consent to sexual activity, and is there a need for a victim-centred approach?

12:00, 5th November 2015
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Intoxication, Consent and Intent: A Need for Change

Intoxication is often seen as a complicating factor in regards to consent to sexual activity. Given alcohol and drug consumption is – as reported in the Guardian – currently at record levels, the issue has become more prevalent and is a major concern for both legislators and the judiciary alike.

12:00, 28th October 2015
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