Consensual sexual activity before a sexual violation is not mitigating (Record no. 8181)

MARC details
000 -LEADER
fixed length control field 01833nab a22002777a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151638.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 230526s2023 -nz|| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
9 (RLIN) 4165
Personal name McGovern, Danica C.Y.
245 ## - TITLE STATEMENT
Title Consensual sexual activity before a sexual violation is not mitigating
Statement of responsibility, etc Danica McGovern
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc Victoria University of Wellington,
Date of publication, distribution, etc 2023
500 ## - GENERAL NOTE
General note Victoria University of Wellington Law Review, 2023, 53(4), 611–638
520 ## - SUMMARY, ETC.
Summary, etc The Court of Appeal has signalled its intention to review its guideline judgment for sexual violation sentencing, R v AM, which includes guidance on when sentencing judges should treat prior consensual sex as mitigating. The argument this article makes is that the new guideline judgment should remove prior consensual sex as a mitigating factor for two reasons. The first is that treating consensual sexual activity before a sexual violation as mitigating embeds an outdated idea of what constitutes a "real rape" and fails to recognise and uphold sexual autonomy. The second reason for removing the mitigating factor is that it is incorrect as a matter of sentencing methodology to treat prior consensual sex as mitigating in its own right. (Author's abstract). Record #8181
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CONSENT
9 (RLIN) 4690
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element COURT OF APPEAL
9 (RLIN) 11953
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CRIMINAL JUSTICE
9 (RLIN) 167
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element GUIDELINES
9 (RLIN) 2786
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element RAPE
9 (RLIN) 488
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element SENTENCING
9 (RLIN) 4166
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element SEXUAL VIOLENCE
9 (RLIN) 531
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
773 0# - HOST ITEM ENTRY
Title Victoria University of Wellington Law Review, 2023, 53(4), 611–638
830 ## - SERIES ADDED ENTRY--UNIFORM TITLE
Uniform title Victoria University of Wellington Law Review
9 (RLIN) 5174
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://doi.org/10.26686/vuwlr.v53i4.8092">https://doi.org/10.26686/vuwlr.v53i4.8092</a>
Public note DOI: 10.26686/vuwlr.v53i4.8092 (Open access)
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article
Classification part news120
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Date acquired Total Checkouts Full call number Barcode Date last seen Price effective from Koha item type
    Dewey Decimal Classification     Vine library Vine library 26/05/2023   Online ON23050044 26/05/2023 26/05/2023 Access online