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Intents in the Alternative

Published online by Cambridge University Press:  16 January 2009

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Extract

The problem that Mr. Duff discusses in the preceding article is this. A man attempts to commit the act of sex with a woman, nolens volens. He is aware that she may not be consenting, and is indifferent about it. In fact she does not consent. Public policy and common sense strongly suggest that he should be convicted of attempted rape, but the problem is to square this with the statutory rule that rape requires intention.

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Articles
Copyright
Copyright © Cambridge Law Journal and Contributors 1991

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References

1 Criminal Attempts Act 1981, s. 1(1).

2 [1990] 1 W.L.R. 813, 2 All E.R. 783.

3 Page 116 above.

4 Page 117 above.

5 Per Lord Hailsham L.C. in Roger Smith [1975] A.C. 476.

6 Nock [1978] A.C. 979.

7 Draft Criminal Code Bill 1989 (Law Corn. no. 177) cl. 50(1).

8 Pages 118–119 above.