Submitted on Monday 27th June 2016
Rejected on Wednesday 13th July 2016
Current status: Rejected
Rejection code: no-action (see below for details)
Equal responsibilities under the effects of alcohol on sex allegations
The 2003 Sexual Offences Act significantly changed the law on consent. Whereas it used to be sufficient for an accused person to rely on a belief in consent, even if this was passive acquiesance, it became necessary to demonstrate that their belief was, in all the circumstances, reasonable.
It’s part of a new ‘toolkit’ designed to increase the rate of convictions in rape trials.
In other words it moved from what a person believed, to what they ought to have believed. In legal terms this was a shift from a subjective test to a subjective one with an objective element.
When both parties have voluntarily consumed significant amounts of alcohol, is it reasonable to expect only one party to take responsibility for ensuring the other would have consented despite intoxication?
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The Government e-Petitions Team gave the following reason:
Petitions need to call on the Government or Parliament to take a specific action. You could start a new petition explaining clearly what specific change you would like to see to the law.
3.12.36.45 Fri, 22 Nov 2024 23:45:29 +0000
