“How an Ordinary Jury Makes Sense of it is a Mystery”: Barristers’ Perspectives on Rape,Consent and the Sexual Offences Act 2003

The Sexual Offences Act 2003 introduced significant reforms to the offence of rape, amid concerns regarding the low reporting and conviction rates for rape. One of the key aims of the Act was to improve the law relating to consent, in order to assist a jury in their decision making process. In addition, disquiet had been expressed with regards to the subjective nature of the mens rea of rape. Consequently, the 2003 Act reformulated the law so as to introduce an objective test. This article discusses the findings of a qualitative research project undertaken with 14 Barristers in the North West of England, in order to investigate counsels’ opinions regarding the 2003 reforms. Drawing upon data collected from semi-structured interviews, the article examines barristers’ perspectives with regards to the definition of consent, the ‘consent presumptions’, and the reformulated mens rea. In conclusion, it will be argued that while the barristers were not overly optimistic about the reforms introduced by the 2003 Act, they were also opposed to further reform to the substantive law and increased jury directions. Barristers argued that the law relating to rape should remain as simple as possible.     

Teaching Dissent in the Law School: Have Students Learned to Disagree?

This paper offers an analysis of the qualitative evidence obtained from a research project in relation to the teaching of a module on the Trials of Dissenters in the context of an undergraduate law degree. It will consider whether a pedagogically innovative course has encouraged and enabled undergraduate law students to think more creatively on the issues raised by specific historic trials and to be prepared to construct more critical and open ended arguments. The study of the Trials of Dissenters, we hoped, would encourage our students to dissent both from the standard model of legal education and from the acceptance of what lecturers say as “true”. We here consider the success of our project in relation to how students view dissent.     

Would John Stuart Mill have Regulated Pornography?

John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist approach. We conclude that John Stuart Mill would almost certainly have accepted certain forms of pornography regulation and, in this light, we argue that Mill can provide the foundation for new, liberal justifications of some forms of pornography regulation.     

A Cross-cultural Validation of the Brief Child Abuse Potential Inventory (BCAP)

The aim of this study was to provide preliminary findings on the cross-cultural validation and reliability of the Brief Child Abuse Potential Inventory (BCAP) developed by Ondersma et al. (Journal of Clinical Child and Adolescent Psychology, 2005). A community sample of 324 parents was recruited through schools from a range of socioeconomic areas in a large UK city. The BCAP appears to be a reliable instrument that is easy to use and shows promise as a brief screening tool for parental child abuse potential within the UK. Modifications are suggested to the validity scales and the conceptual structure based on this sample, however, detailed testing of the utility of this scale for clinical practice outside the US should be pursued.     

The United Kingdom Identity Cards Act 2006 Civil or Criminal?

After much controversy and debate, the United Kingdom Parliamentpassed the Identity Cards Act in March 2006. The new nationalidentity registration scheme established under the legislationwill be in operation in 2 years. Initially the scheme will notbe generally compulsory, though the intention is eventuallyto make it mandatory. The Act uses a mix of civil penalty andoffence provisions as part of its enforcement regime. This articleconsiders the approach of the legislation, particularly thepractical implications of authentication and verification ofidentity under the scheme and the potential impact on the effectivenessof the enforcement regime, having regard to the right againstself-incrimination under the Human Rights Act 1988 (UK) andArticle 6 of the Convention for the Protection of Human Rightsand Fundamental Freedoms 1950, and the common law privilegeagainst self-incrimination.     

Bullying in schools: It's not a crime - is it?

The nature and prevalence of school bullying, and the detrimental and serious impact that it has upon its victims, has been the focus of research and debate since the early 1980s. Where a response is made to incidents of bullying, this is typically seen as the domain of the school, which has a powerful role to play in terms of socialising and disciplining its pupils. From the perspective of the victims of bullying, I argue that despite the existence of school disciplinary mechanisms, intervention by those working within the criminal justice arena is appropriate in two situations. First are situations where school measures are ineffective and the school is unable or unwilling to tackle the bullying. Second are situations that are too serious to be dealt with by the school alone. This issue is rarely discussed in literature on bullying. Using Lacey's metaphor of a set of lenses, I examine the 'criminalisation' of bullying, both at a formal level and at a practical level. I draw upon research that has studied the attitudes of adults and children to crime generally, as well as a qualitative survey of teachers, in order to explore the social construction of bullying as a crime and barriers to this.     

Rape as ‘Torture’? Catharine MacKinnon and Questions of Feminist Strategy

How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants.     

An atypical gunshot wound from a home-made zip gun--the value of a thorough scene investigation

Zip guns and the atypical gunshot wounds they produce are rare in forensic pathology. Because of this, investigators and forensic pathologists may be unfamiliar with their construction, appearance, and the wounds associated with them. A 43-year-old mechanic, with a history of depression was found dead in a washroom stall at work with an atypical gunshot wound of the head. Upon initial investigation, no weapon was found at the scene. Due to the nature of the scene, and the unusual characteristics of the wound, the manner of death was at first thought to be a homicide. Subsequently, a simple zip gun, which had been overlooked during the scene investigation, was discovered by a co-worker while he was cleaning the stall. Examination of the wound revealed evidence of contact range firing. A markedly deformed bullet was recovered from the head, consistent with the use of the home-made gun. These findings, along with further police investigation and review of the past medical history, indicated that the manner of death was a suicide.     

“In the public interest”: The privacy implications of international business-to-business sharing of cyber-threat intelligence

This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence.The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date.This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally.In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.