You will undertake group work in the workshops and engage in debates that are pertinent to the body of Family Law. Written feedback is given at the end of each workshop cycle. The module is assessed via MCQ and written exam. Human Rights and Civil Liberties What are human rights?
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Conspiracy The agreement to commit rape gives rise to the issue of whether any of the students are guilty of conspiracy to commit rape.
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The common law rule for conspiracy requires that two or more people actually agree and intend to agree to commit a crime and that one conspirator commits some overt act in furtherance of the conspiracy.
Here, A asked whether the other men would forcibly have non-consensual intercourse with a woman who was not their wife, which is the definition of common law rape see below. B agreed by nodding his head.
If any of the defendants had intended to just play along, then the intent element required for conspiracy would be absent and the party would be not guilty of the charge. However, there is nothing shown on the facts to suggest that any of the defendants had a different intent than that which their words and gestures showed.
When A actually locked the door of the room, this was an overt act, which prepared for the crime. These elements, taken together, are sufficient to make A and B guilty of conspiracy without any further action on their part. Since C, D and E never agreed, they are not guilty of conspiracy.
B effectively withdrew from the conspiracy because he engaged in an affirmative act that gave notice to the other conspirator - A- that he was withdrawing and there was enough time for A to halt his plan to rape Mary.
While this does not provide B with a defense for the conspiracy charge, it does give him a defense against the charges of subsequent crimes by A. Rape The next issue is whether any of the students are guilty of rape.
The rule on common law rape requires sexual intercourse between a female and a male, who is not her husband, and where the female does not consent. The lack of consent can be shown if the intercourse occurs by force, threats of force or if the female is unable to consent because of unconsciousness.
Here, A and D are both males who had intercourse with Mary, a female, who was not the wife of any of the guys. B, C and E never had intercourse with Mary and thus are not guilty of rape. Mary showed a lack of consent to have sex with A before the actual conspiracy began. She again showed her lack of consent when she objected as the conspiracy began.
In the case of D, the issue is not as clear cut. Although she had agreed to have sex with D prior to the conspiracy, the fact of the conspiracy, false imprisonment and rape by A would probably result in any reasonable person changing their mind. Furthermore, since she was in a state of unconsciousness, this manifests a lack of consent under the law.
While D may have a defense of consent, it all likelihood, he is also guilty of rape. Attempted Rape The issue is whether C is guilty of attempted rape. Under the common law, a defendant is guilty of an attempted crime when the criminal shows intent to commit a crime and comes dangerously close to successfully completing the crime.
Here, C showed his intent to commit the crime of rape by stating that he intended to force Mary to have sex. He came dangerously close because he took his clothes off and got on the bed until he finally passed out. Although he never actually had intercourse with Mary and thus is not guilty of rape, he came quite close to completing the crime and thus can be charged with attempted rape.This bar-code number lets you verify that you're getting exactly the right version or edition of a book.
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