Dalhousie Law Journal


M. R. Goode


Mens Rea, Corpore Reo, Exploration, Rapists Charter, feminist movement, Legal doctrine, legal procedure, critics


The issue of rape has long been at the forefront of the feminist movement. Legal doctrine and legal procedure relevant to rape have been strongly attacked by a variety of critics.' The most obvious recent trend has been a movement from the traditional liberal concern with the protection of the accused from unjustified conviction, to victim-oriented efforts which are designed to ensure that the number of guilty offenders who evade responsibility for rape is reduced as much as possible. 2 The bases of calls for victim orientation have ranged from the view, most eloquently expressed by Susan Brownmiller, that the fact of rape is a pattern of conduct by which all men keep all women in a state of fearful subjection, 3 to the view that present rape laws, suitable amended, will provide as much protection from rape as can reasonably be expected

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