Consent Interruptus: Rape Law and Cases of Initial Consent

Research output: Contribution to journalArticlepeer-review


This article is an in-depth analysis of the operation of Australian
criminal laws around rape in situations where sex begins with the initial
consent of the parties but is then continued without the consent of one
of them. It sets out the historical development of the relevant law from
the conflicting series of case authorities in the mid-20th century about
'carnal knowledge' through to the introduction of specific continuation
provisions within modem statutory reforms. It argues that despite these
reforms there are still a number of substantial legal difficulties with the
application of the current law, including a lack of clarity about what it
means to 'continue' sex, whether non-consent needs to be
communicated to the continuing party and how to evaluate the
effectiveness of such communications.
Original languageEnglish
Pages (from-to)145-184
JournalFlinders Law Journal
Issue number2
Publication statusPublished - Dec 2017


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