DPP vs. Morgan and Godzone : an investigation into Morgan's legal and social impact in New Zealand Harrison, Sarah Beverly
Material type:
Dissertation submitted in partial fulfilment of the requirements for BA (Hons) History at the University of Otago. Available for loan from Oatgo University's Hocken Library.
This dissertation explores the 'Morgan principle', a British ruling arising in 1973 and adopted by New Zealand, which accepts that honest mistaken belief is a defence in rape cases. The legal and social implications stemming from the 'Morgan principle' are examined. The author tracks changes in New Zealand's rape laws since the adoption of this principle. The rise of feminism during the 1970s resulted in a closer analysis of rape laws in New Zealand, particularly concerning consent, women's sexuality, the acceptance of violence against women, and spousal immunity in rape cases. Debates about the definition of rape and the inclusion of marital rape are examined. The document "Rape Study: A Discussion of Law and Practice" (1983) provides a comprehensive analysis of rape, and this study is used by the author to illustrate public opinion surrounding rape, and how this document contributed to changes in rape legislation. Spousal immunity and the 'Morgan principle' were abolished with the passing of the Crimes Amendment Act (1985).
nz