This petition was submitted during the 2015-2017 parliament
Rejected petition Equal responsibilities under the effects of alcohol on sex allegations
The 2003 Sexual Offences Act significantly changed the law on consent. Whereas it used to be sufficient for an accused person to rely on a belief in consent, even if this was passive acquiesance, it became necessary to demonstrate that their belief was, in all the circumstances, reasonable.
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It’s part of a new ‘toolkit’ designed to increase the rate of convictions in rape trials.
In other words it moved from what a person believed, to what they ought to have believed. In legal terms this was a shift from a subjective test to a subjective one with an objective element.
When both parties have voluntarily consumed significant amounts of alcohol, is it reasonable to expect only one party to take responsibility for ensuring the other would have consented despite intoxication?
This petition was rejected
Why was this petition rejected?
It’s not clear what the petition is asking the UK Government or Parliament to do.
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