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Title: Reckless Rape in Victoria.
Author : Melbourne University Law Review
Release Date : January 01, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 289 KB

Description

[This article examines 'reckless' rape in light of the November 2007 amendment to s 38(2) of the Crimes Act 1958 (Vic). It distinguishes three tapes of recklessness awareness that the complainant might not be consenting ('possibility recklessness'), indifference as to whether the complainant is consenting ('indifference recklessness') and failure to give any thought as to whether the complainant is consenting ('inadvertence recklessness')--and examines whether each of these is, and should be, sufficient to satisfy the fault element for rape in Victoria. In doing so, the author seeks to clarify the concept of recklessness in Victorian rape law, arguing that these types of recklessness are often inadequately distinguished. The author also expresses concern about the precise test of inadvertence recklessness adopted in Victoria and argues for explicit recognition of indifference recklessness. Finally, it is contended that possibility recklessness is more problematic than is commonly thought, although a way of alleviating the problems with this type of recklessness is suggested.] I INTRODUCTION