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From Theory to Practice: Legal and Judicial Analysis of the Sexual Offenses Act in UK
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Amir Mohamad Mahrokh    |
| M.A of Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz, Iran. (Corresponding Author) |
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Abstract: (154 Views) |
Background and Aim: This article offers a comprehensive analysis of the laws addressing sexual offenses in England and Wales, with a particular focus on the reforms introduced by the Sexual Offenses Act 2003. These reforms, aimed at enhancing coherence and fairness in laws concerning sexual crimes, have brought significant changes to the definitions and constituent elements of crimes such as rape and sexual assault.
Materials and Methods: The research method in this research is descriptive-analytical.
Ethical Considerations: All ethical principles have been observed in the writing stages of this research.
Findings: By examining historical developments and landmark cases, the study critically evaluates the operational challenges of these laws and their impact on the judicial system. Key contributions of this article include the clarification of legal concepts such as consent, reasonable belief, and the distinction between actual and apparent consent. The analysis of case law demonstrates how legal reforms have improved responsiveness to the needs of modern society, while highlighting persistent ambiguities in interpretation and application.
Conclusion: The findings indicate that the new legislation has strengthened the ability to address unlawful sexual conduct while safeguarding victims’ rights, emphasizing the role of juries and the contextual analysis of each case. The article also offers recommendations to enhance the implementation of these laws and emphasizes the ongoing challenge of balancing victim protection with the rights of defendants. This research provides a valuable foundation for further studies in criminal law and policy development in the area of sexual offenses.
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Article number: 6 |
| Keywords: Sexual Offenses, Consent, Rape through Impersonation, Lack of Reasonable Belief. |
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Full-Text [PDF 862 kb]
(67 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/06/5 | Revised: 2024/07/17 | Accepted: 2024/08/14 | Published: 2024/09/22
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