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Intents in the Alternative

  • Glanville Williams

The problem that Mr. Duff discusses in the preceding article is this. A man attempts to commit the act of sex with a woman, nolens volens. He is aware that she may not be consenting, and is indifferent about it. In fact she does not consent. Public policy and common sense strongly suggest that he should be convicted of attempted rape, but the problem is to square this with the statutory rule that rape requires intention.

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1 Criminal Attempts Act 1981, s. 1(1).

2 [1990] 1 W.L.R. 813, 2 All E.R. 783.

3 Page 116 above.

4 Page 117 above.

5 Per Lord Hailsham L.C. in Roger Smith [1975] A.C. 476.

6 Nock [1978] A.C. 979.

7 Draft Criminal Code Bill 1989 (Law Corn. no. 177) cl. 50(1).

8 Pages 118–119 above.

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The Cambridge Law Journal
  • ISSN: 0008-1973
  • EISSN: 1469-2139
  • URL: /core/journals/cambridge-law-journal
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