Posted: August 25th, 2022

LLM Dissertation Plan

• Your analysis Question Assignment(s) – what’s it that you simply wish to uncover out of your dissertation?;
• Analysis Question Assignment: Affect of the regulation on intoxication on the potential sufferer or the innocent accused
Via an analysis of instances, articles and different supplies regarding the world of regulation on intoxication and consent in sexual offences, I intend to discover the extent to which the Sexual Offences Act 2003 has helped potential victims and innocent accused previously. I additionally want to uncover the extent of the implementation of the proposals made within the House Workplace command paper titled ‘House Workplace, Setting the Boundaries: Reforming the Regulation on Sexual Offences (2000)’ which offers with the shortfalls of the Sexual Offences Act 2003. Having assessed every thing, I additionally search to make my very own proposals of a reform of the regulation utilizing my conclusions from the analysis.

• An introduction to the topic space, setting your analysis Question Assignment in context;
a) Protects neither the potential sufferer nor the innocent accused? A essential Assessment of the regulation on intoxication and consent in sexual offences.
b) Affect of the regulation on intoxication on the potential sufferer or the innocent accused
Analysis reveals that 81% of the rape accusations made by college college students, the incident is claimed to have occurred whereas each events had been voluntarily intoxicated. This goes to point out that drunken sexual activity is widespread and sometimes, it isn’t solely the sufferer who will intoxicated however the accused too. To be discovered responsible of rape, the accused should have used his penis to penetrate the complainant’s vagina, anus or mouth , with out the complainant’s consent and with no affordable perception from the accused that the complainant consented. Whether or not a perception is cheap is decided by having regard to all of the circumstances together with any steps the accused took to make sure the claimant consented. Whereas it has been acknowledged that an individual in a state of drunken consciousness could also be unable to make decisions anticipating the mutually intoxicated accused precisely assess the authorized validity of the consent offered by the claimant appears irrational.

I subsequently consider the extent to which the present regulation has helped individuals in these conditions and in the end suggest reforms.

• A short literature overview highlighting and evaluating the important thing sources, each major and secondary, and the extent to which they proof the relevance of your analysis Question Assignment;

Literature Overview
The Present Regulation
Part 74 and 75 of the Sexual Offences Act 2003 are the main provisions for the regulation on intoxication and consent. Part 74 states that an individual is deemed to have consented in the event that they ‘agree by alternative and has the liberty and capability to make that alternative.’ Alternatively, whereas part 75(2)(f) creates an evidential presumption of the dearth of consent the place the sufferer was involuntarily intoxicated via having been administered a substance that’s able to inflicting or causes them to be ‘stupefied’ or overpowered’ with out their consent; part 75(2)(d) creates the presumption for when the sufferer was unconscious or asleep. This could possibly be rebutted if the accused can present ample proof that the claimant could have consented and that he had an inexpensive perception that the claimant consented.

Regulation regarding capability to consent (in relation to intoxication)
In Bree the courtroom said that ‘the place the complainant had voluntarily consumed substantial portions of alcohol, however nonetheless remained able to selecting whether or not or to not have intercourse, and whereas drunk determined to take action, she was consenting.’ Nonetheless, the complainant should have capability to make the selection and since the regulation doesn’t present the definition of capability, it’s left to the jury to facilitate a which means based mostly on the circumstances of the case. Within the case of a claimant who didn’t lose consciousness when she engaged in intercourse, this creates a dilemma for the prosecution to pinpoint the second by which the claimant’s capability evaporated in order to vitiate the consent the defendant could also be claiming to have been given. Consequently, the jury could also be reluctant to search out that consent was not given in instances the place the complainant was drunk and acutely aware, however not bodily sick or violently vomiting (actions which jurors are more likely to consider to counsel lack of capability to consent). The Act’s potential to guard victims is subsequently undermined as such an method hinders those that have been sexually offended from bringing their instances ahead because of the concern that the jury could deem them to have consented until there was tangible proof that they lacked capability to take action.

In instances comparable to H the place the sufferer was intoxicated and had lapses of reminiscence lack of the occasions that transpired resulting from that intoxication, whereas the accused was sober, the courtroom rectified the place that capability to consent can ‘evaporate effectively earlier than the sufferer turned unconscious.’

Cheap perception in consent and dialogue of the sexual offences
To be discovered responsible of rape, the accused should have used his penis to penetrate the complainant’s vagina, anus or mouth , with out the complainant’s consent and with no affordable perception from the accused that the complainant consented. Whether or not a perception is cheap is decided by having regard to all of the circumstances together with any steps the accused took to make sure the claimant consented.
Conclusion
Having made use of the Sexual Offences Act 2003, the House Workplace, Setting the Boundaries: Reforming the Regulation on Sexual Offences (2000), instances comparable to R v Bree and articles from authors comparable to Temkin and Ashworth cited above, I intend to criticise the truth that the 2003 Act protects neither the sufferer nor the innocent accused. I’ll spotlight its failure to have a threshold to Help the jury and the courtroom set up the second a drunk particular person loss capability as the primary motive for this and in addition suggest the necessity for a legislative directive to take care of this downside.

• A top level view of the methodology you intend to deploy in researching and writing your assessed piece of labor;
The methodology I’ll use in conducing this examine might be by means of utilizing major and secondary sources of information comparable to authorities command papers, experiences of parliament, Acts and Instances. The knowledge might be gathered utilizing the library search engine and textbooks.

• An indicative construction:
a) Dissertation title
b) Contents – record of subheadings
c) Introduction – containing points addressed within the dissertation, a literature overview and outline of contribution my work makes to the influence of the regulation on intoxication and consent in sexual offences
d) Physique of the dissertation consisting of subheadings discussing completely different issues of the title
e) Abstract and conclusions
f) Bibliography

• An indicative schedule or timeline of the completion of your work.
Timeline
1 August – First assembly with supervisor
12 August 2022 – should have executed half (a) – (c) of the construction
25 August – Started physique of the dissertation and had assembly with supervisor to debate it
30 August – sprucing up physique of dissertation and one other assembly with supervisor
10 September – getting ready abstract and conclusions

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