| Autor: |
Horii, Hoko, Bouland, Annelien |
| Zdroj: |
Recht der Werkelijkheid; 2023, Vol. 44 Issue 1, p14-38, 25p |
| Abstrakt: |
Drafting New Rape Law: There is a growing European trend toward the adoption of consent-based definitions of rape. A number of countries recently reformed their rape law or are in the process of doing so, thus raising questions about the way consent is understood as well as the motivations that are provided for such reforms. This article focuses on the Netherlands where the reform process is ongoing. It provides a close-reading of the preparatory documents and finds that (1) legislators initially motivated the reform to 'lower the threshold' for the prosecution, but the frame of the threshold recedes to the background as the objective of the reform shifts and the definition of consent widens; (2) the shift of 'social norm' regarding unwanted sex is both the main justification and key goal of legal reform, and (3) the new law introduces negligent crime for rape and sexual assault and discussion centres on mental state. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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