Law of Rape- Problem question Essay Example | Topics and Well Written Essays - 2250 words

Law of Rape- Problem enquiry - Essay Example1). The important factors to look for in Alices case are signs of both writ large and discreet objections to Bens sexual advances. There are no obvious verbal or sign(a) cues from Alice before or during sexual intercourse with Ben. She did not tell him no, and he did not threaten her in any way. Alice was not intoxicated, and there were no indications that she was drugged either. The keyword in every encroachment situation or incident is consent. The fair play is very clear on accounts of non-consensual rape, still if consent is initially devoted, is it still considered rape? Should it still be tried in court? CPS (Crown Prosecution Service) applies the word offspringive to consent. They explain, The law does not allow a persons consent to sexual activity to have effect in the following situations where the person giving consent did not understand what was happening and so could not give informed consent, and where the person giving consent was under the relevant age of consent (Sexual Offences- Rape, 2010). These both forms of consent are opposites of one another due to the fact that the letter would not hold up in court but the initial one would because of the lack of understanding. Alice is presumably of age. The issue that comes to light is whether or not Alice was understanding of her situation. Now, she is not mentally handicapped or incoherent by drugs or alcohol, but she was misled by Ben into believing engaging in sexual intercourse with him would in turn give her love, beau monde and financial stability. The question remains about whether or not Ben is guilty of rape under the set law. In a court of law, it is unlikely that Alice would have a solid case against Ben because consent was given and there is not a clear establishment of understanding in regards to how understanding is defined in law. Although, that does not mean Ben is innocent, the fact remains that Alice was not affected by outside s ubstances or health, which would be concrete evidence to support Bens side of the case. Looking at the accused offender, Ben, his bodily actions decease to reveal any harmful intent. Physically, Ben did not coerce Alice by means of force of threat. The disputable misconduct he committed was verbal manipulation. The court could argue that Alice consented to sexual intercourse with Ben based on her personalized expectations of him. She was willing because he met her requirements for a mate, and at any time she could have resisted his advances. Alice could have been eager to forgather a lover and that overrode her ability to spot the red flag Ben presented when he promised marriage to her so presently after they met. Some may even go so far to say that Alice wanted a wealthy companion so much she willingly fell for Bens deception. The idea of willingness is another equivocal term that arises in court in reference to rape cases. The Merriam-Webster dictionary defines willingness a s cheerful keenness to do something (2011). Alice could be seen as happily engaging in sexual intercourse based on the cheerful prospect of marriage and love. If that is the case, Ben would have a stronger case in his defense against her in court. as well much evidence details to Alice consenting to him, especially because consent was given prior to, and during the actual act. No signs point to Alice