Rape law escape clause on consent challenged

A PERSON accused of rape is less likely to be convicted if they genuinely believed the victim consented. Conor Hanley, a lecturer in criminal law, has called for a change in the law which may let some rapists off the hook.

“Legislation defines rape as where a man has sexual intercourse with a woman without her consent and, at that time, knows that she does not consent or is reckless as to that consent. But some men genuinely believe that there was consent, even when the woman was kicking and screaming.

“And if a man genuinely believes this, even if it is completely unreasonable, he must be acquitted. This is obviously untenable. It means in effect that the more warped a man and his view of sex is, the more he is regarded as genuine when he is pleading to have made an honest mistake. This needs to be changed.”