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What Improvements, if Any, Will there Be to the Present Law on Consent and on Mistaken Belief in Consent in Rape Cases as a Result of the Sexual Offenses Bill 2003?
Under existing English Criminal law, a person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present: the actus reus or guilty act and the mens rea or guilty mind. The prosecution has to prove that the accused has committed the crime charged and the accused is innocent unless proven beyond reasonable doubt that he is guilty.
Actus reus is defined in Haughton v Smith as the elements of an offence excluding those which concern the mind of the accused. ?An act does not make a man guilty of a crime unless his mind is also guilty.? …
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- What Improvements, if Any, Will there Be to the Present Law on Consent and on Mistaken Belief in Consent in Rape Cases as a Result of the Sexual Offenses Bill 2003?
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