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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Is It Rape? On Acquaintance Rape and Taking Women's Consent Seriously

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ISBN13: 9780754650669
ISBN: 0754650669
Published: May 2006
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Paperback
Price: £30.00

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The issue of acquaintance rape has been gaining increased prominence in recent years. In this book Joan McGregor analyses the ethical and legal problems that arise in connection with acquaintance rape cases. She discusses with great clarity and precision the complexities involved in notions such as consent, force, autonomy, power, intention and the impairment of responsibility through drugs, alcohol and mental illness.

Arguing that criminal rape laws are too narrow, capturing only cases where there is clearly recognized physical violence and resistance from the victim, she sets out a new proposal for how the criminal law should deal with cases of nonconsensual sex which captures the ideals of a liberal political society and in particular the idea of equality. This book explains fully what it means when a woman says no and means no.

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Criminal Law
What is wrong with the criminal law of rape?
The historical treatment of rape
Expanding the legal definition of rape
Consent and autonomy
Factors undermining consent: incapacitation
External constraints
I thought she consented: The mens rea of rape
What is the harm of rape?