NCJ Number
58565
Journal
Philosophy and Public Affairs Volume: 5 Issue: 4 Dated: (SUMMER 1976) Pages: 325-360
Date Published
1976
Length
36 pages
Annotation
THE LONG-TERM IMPACT OF A 1975 HOUSE OF LORDS DECISION, TERMED THE 'MORGAN RULE' IS DISCUSSED; THE ARGUMENT THAT THE RULE IS LEGALLY UNSOUND, DESPITE AAPPEARANCES, IS PRESENTED.
Abstract
IN APRIL 1975 THE HOUSE OF LORDS, THE HIGHEST COURT OF CRIMINAL APPEAL IN ENGLAND, DECIDED THAT IF AN ACCUSED IN FACT BELIEVED THAT THE WOMAN WAS CONSENTING, WHETHER OR NOT THAT BELIEF WAS BASED ON REASONABLE GROUNDS, HE COULD NOT BE FOUND GUILTY OF RAPE. THIS RULING, THE 'MORGAN RULE,' WAS WIDELY REFERRED TO IN THE PRESS AS THE 'RAPISTS' CHARTER', AND LEGAL ACTION TO HAVE THE LAW CHANGED RAPIDLY INITIATED. THE CASE INVOLVED MORGAN, A SENIOR NONCOMMISSIONED OFFICER IN THE ROYAL AIR FORCE, HIS WIFE, AND THREE JUNIOR COLLEAGUES, WHOM HE INVITED HOME TO HAVE INTERCOURSE WITH HIS WIFE. MRS. MORGAN WAS FORCED TO HAVE INTERCOURSE WITH EACH OF THE MEN; IMMEDIATELY AFTERWARDS, SHE DROVE TO THE HOSPITAL, CLAIMING SHE HAS BEEN RAPED. THE HOUSE OF LORDS HELD THAT THE PROSECUTION WAS REQUIRED TO PROVE THAT EACH OF THEM HAD INTENDED TO HAVE INTERCOURSE WITH HER WITHOUT HER CONSENT, SO THAT IF ANY OF THEM BELIEVED SHE DID CONSENT, HE WOULD NOT BE GUILTY OF RAPE. ALTHOUGH THE CONVICTION IN THIS PARTICULAR CASE WAS SUSTAINED, THE LORDS' AGREEMENT ON THE POINT OF LAW INVOLVING CONSENT HAD FAR-REACHING RAMIFICATIONS. THE RATIONALE FOR THE MORGAN RULE IS A FUNDAMENTAL MAXIM OF CRIMINAL LAW THAT THE PERFORMANCE OF A PROHIBITED ACT DOES NOT RENDER THE PERPETRATOR LIABLE TO PUNISHMENT UNLESS HE EITHER INTENDED TO DO AN ACT OF THE KIND THE LAW PROHIBITS, OR WAS RECKLESS. IT IS ARGUED THAT ABANDONMENT OF THE MORGAN RULE NOT ONLY HAS AMPLE LEGAL PRECEDENT, BUT WOULD ALSO BE A SMALL STEP IN THE DIRECTION OF A MORE EQUITABLE RAPE LAW. FOOTNOTES ARE PROVIDED. (LWM)