"I thought she consented": Defeat of the rape shield or the defence that shall not run?
Criminal Law Review
Sweet & Maxwell
This article examines the extent to which the rape shield is displaced by reliance at trial on the defence of honest or honest and reasonable belief in consent. It also raises the question of the legitimacy of judicial intervention in terms of denying the accused the opportunity to raise the defence of lack of mens rea.
Author's pre-print version published with permission of Thomson Reuters. Final version published in Criminal Law Review; available online at http://www.westlaw.co.uk/
Criminal Law Review, 2006, pp. 969-980