Hemming on 'Reforming the Law of Rape in the United States: Some Advice from the Antipodes'

 

Associate Professor Andrew Hemming of the USQ School of Law and Justice has published a new article titled 'Reforming the Law of Rape in the United States: Some Advice from the Antipodes".  The article appears in Volume 32(1) of the Florida Journal of International Law.  Here is the abstract:

"This Article sets out a comprehensive model provision for the crime of rape by defining the specified fault elements, such as knowledge and recklessly, within the provision. In particular, the definition of recklessly incorporates a requirement that the person took reasonable steps to ascertain consent. The model provision also addresses the twin issues of intoxication and mistake of fact, with the aim of making the fault elements of the crime of rape more objective."