NCJ Number
100556
Journal
Journal of Law Society Volume: 12 Issue: 1 Dated: (Spring 1985) Pages: 63-75
Date Published
1985
Length
13 pages
Annotation
This paper examines the underlying ideology of Britain's Criminal Law Revision Committee (CLRC) (a part-time body of 17 lawyers that considers only matters referred by the Home Secretary), its law-reform role, and its proposals on the law of rape.
Abstract
CLRC reports manifest a separation of the ends and means of law reform, as they present bare recommendations without discussion of underlying rationales and the social problems being confronted. The committee has acknowledged a lack of expertise in dealing with ethical (as distinguished from legal) problems. The creation of a CLRC advisory committee to advise the CLRC on issues deemed outside its expertise was designed to fill this competence gap. The CLRC's proposals on rape law, however, show a misplaced confidence in its own ability to deal with moral issues, as it did not take the advice of the advisory committee on spousal rape (the advisory committee advised the abolition of spousal immunity). The community, in regard to the cross-examination of alleged rape victims, apparently holds the view that a relatively high percentage of rape claims are false and that rape claims involving persons known to the victim are likely to involve consent. Overall, the committee shows an inadequate grasp of current values regarding rape. 68 references.