Abstract
This article argues for categorization of rape cases and for the relabeling of some conduct that is currently viewed as rape. The focus is on two types of case: (1) sexual intercourse where there is ‘half consent’ to the sexual act; and (2) consensual sexual intercourse that causes or risks causing collateral consequences such as a sexually transmitted disease (STD). While rape cannot be partly justified/excused, when sexual intercourse is at least half consensual it should be labelled as second-degree rape. By contrast, consensual sexual intercourse with collateral consequences should be punished by separate offences addressing those consequences.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
