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Channel: Halsbury's Law Exchange » Sexual Offences
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The Nanny State – legislating on health and morality

By Merry Neal “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or...

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Keir Starmer’s call for a “Victims’ Law” – all heart and no substance

By Felicity Gerry “From a victim’s point of view, our justice system is hardly fit for purpose.. “What is needed is a fundamental rethink, leading to a specific and legally enforceable Victims’ Law,...

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Domestic abuse – why creating a specific offence is not the answer

By Michelle Heeley The Offences Against the Person Act has been in law since 1861. It covers all forms of physical assault ranging from the most serious, such as stabbing someone, to common assault...

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Sentencing sexual offenders – a lost opportunity?

By Felicity Gerry, Catarina Sjölin and Lyndon Harris The Sentencing Council has issued a new Guideline in relation to sexual offences this month. The aim: “to help ensure appropriate and consistent...

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Universal Children’s Day – child protection law in the spotlight

By Declan O’Dempsey Today sees Universal Children’s Day celebrated. The United Nations’ (UN) Universal Children’s Day, which was established in 1954, is celebrated on November 20th each year to promote...

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Michael Le Vell case: the accuser deserves anonymity

By Jenny James The recent trial and acquittal of Coronation Street actor Michael Le Vell raises some worrying thoughts as regards the young girl in the case. Her anonymity is preserved as the law...

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Robert Colover investigation: the misunderstandings around sex offence trials

By Felicity Gerry Calamitous comments by barrister Robert Colover have made the headlines this week as he referred to the victim of sexual offending as “predatory” and “sexually experienced”. The...

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Does the need for sensation justify the public’s right to be informed?

By Lucy Corrin The need for sensation alone has placed Jimmy Tarbuck’s name in the press for being questioned regarding an alleged sexual offence dating back to the 1970s. Jimmy Tarbuck is one of a...

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Why consensual sex may still be rape

By Felicity Gerry The BBC has reported today that the law on consent has been further defined by the Lord Chief Justice. The article reads: “A woman who agreed to sex might still be the victim of rape,...

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Philpott – why wasn’t it murder and when will he be free?

By Felicity Gerry 1.3 million people tuned into Channel 5 when the schedule was changed at 9pm on 3 April 2013 to show a documentary examining the high-profile Philpott story, featuring new material...

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Young offenders: raising the age of criminal responsibility

By Felicity Gerry There is a private members Bill making its way slowly through Parliament seeking a simple change in the law by replacing the word “ten” with the word “twelve” in s 50 of the Children...

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Female genital mutilation – time for a prosecution

By Felicity Gerry There has been legislation in this country to criminalise female genital mutilation (FGM) for a long time and not one successful prosecution. The three cases referred to the CPS in...

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Jimmy Savile – the final cost

By Jenny James The Metropolitan police, which is coordinating a nationwide investigation into allegations of abuse against Jimmy Savile, has said that the claims against Savile date back to 1959 and...

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Should doctors convicted of sexual offences be automatically banned?

By Charles Foster The Telegraph and the Daily Mail are using convicted doctors as ammunition in their latest assault on the Human Rights Act. “Dozens of convicted sex offenders are working as doctors,...

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The Assange case: defining rape and consent

By Felicity Gerry Last week the heat of the rape debate reached boiling point when, here in the UK, MP George Galloway made a video cast commenting on sexual allegations made against Julian Assange....

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Justice for murdered rape victims: the DPP changes policy on rape counts left...

By Sarah Lewis Last week Kier Starmer QC, the Director of Public Prosecutions (DPP), announced that cases of rape linked to murder should be prosecuted rather than being left on file. The new Guidance...

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Duress, abuse of process and erasing convictions: the questions raised in...

By Felicity Gerry It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that...

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