| 000 | 01833nab a22002777a 4500 | ||
|---|---|---|---|
| 999 |
_c8181 _d8181 |
||
| 005 | 20250625151638.0 | ||
| 008 | 230526s2023 -nz|| |||| 00| 0 eng d | ||
| 040 | _aAFVC | ||
| 100 |
_94165 _aMcGovern, Danica C.Y. |
||
| 245 |
_aConsensual sexual activity before a sexual violation is not mitigating _cDanica McGovern |
||
| 260 |
_bVictoria University of Wellington, _c2023 |
||
| 500 | _aVictoria University of Wellington Law Review, 2023, 53(4), 611–638 | ||
| 520 | _aThe 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 The first is that treating consensual sexual activity before a sexual violation as mitigating embeds an outdated idea of what constitutes a "real rape" and fails to recognise and uphold sexual autonomy.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 |
_aCONSENT _94690 |
||
| 650 |
_aCOURT OF APPEAL _911953 |
||
| 650 |
_aCRIMINAL JUSTICE _9167 |
||
| 650 |
_aGUIDELINES _92786 |
||
| 650 |
_aRAPE _9488 |
||
| 650 |
_aSENTENCING _94166 |
||
| 650 | 4 |
_aSEXUAL VIOLENCE _9531 |
|
| 651 | 4 |
_aNEW ZEALAND _92588 |
|
| 773 | 0 | _tVictoria University of Wellington Law Review, 2023, 53(4), 611–638 | |
| 830 |
_aVictoria University of Wellington Law Review _95174 |
||
| 856 |
_uhttps://doi.org/10.26686/vuwlr.v53i4.8092 _zDOI: 10.26686/vuwlr.v53i4.8092 (Open access) |
||
| 942 |
_2ddc _cARTICLE _hnews120 |
||