<> "The repository administrator has not yet configured an RDF license."^^ . <> . . . "Consent and its Construction in Rape Trials in Ireland: A Feminist Analysis."^^ . "Within the criminal law context in general, the issue of consent has proven a contentious\r\nconcept. However, nowhere has this concept proven more problematic than in relation to the\r\noffence of rape. A number of aggravating factors may be identified in this regard. Due to the\r\nbroad and multi-faceted nature of the term ‘consent’, a satisfactory definition of the concept\r\nappears to have remained elusive, with the legislature in a number of common law jurisdictions\r\nfailing to provide a statutory definition of the term. The issue is further complicated by the fact\r\nthat the legitimacy of sexual intercourse hinges on two factors, both of which are directly\r\nconcerned with consent – ‘whether the complainant in a rape trial actually consented to the\r\nsexual intercourse and… whether the defendant understood the complainant to be consenting’\r\n(Cowan, 2007: 54). However, undoubtedly one of the major criticisms in relation to consent in\r\nthe offence of rape is its construction. The manner in which the offence of rape is constructed\r\nin law has influenced how it is defined and how its presence or absence is interpreted. This\r\nissue has led to heated debate, with many commentators pointing to the (ultimately\r\nproblematic) construction of consent as a significant aggravating factor in rape trail convictions.\r\nIndeed, the construction of the concept of consent in these cases allows for clear distinctions to\r\nbe drawn between rape and other criminal offences, adding weight to the argument that the\r\nconstruction of consent in rape cases is particularly problematic. Hence, given the problematic\r\nnature of the term, the centrality of the concept in respect to the offence itself and the issues\r\nsurrounding its construction, the contention which exists in this area is not surprising.\r\nThis paper will present an overview of the various issues surrounding the construction of\r\nconsent in the offence of rape. First, consent and the origins of the common law offence of\r\nrape will be addressed. The manner in which consent is constructed and subsequently\r\ninterpreted will then be outlined, before moving on to consider the feminist analysis of this\r\nconstruction. Finally, prior to concluding, the current position in this jurisdiction will be\r\nassessed and the potential for reform will be evaluated."^^ . "2016" . . . "Sibéal Journal"^^ . . . . . . . . "Sarah Bryan"^^ . "O’Sullivan"^^ . "Sarah Bryan O’Sullivan"^^ . . . . . . "Consent and its Construction in Rape Trials in Ireland: A Feminist Analysis. (Text)"^^ . . . "Consent and its Construction in Rape Trials in Ireland - A Feminist Analysis - Sarah  Bryan  O'Sullivan.pdf"^^ . . . "Consent and its Construction in Rape Trials in Ireland: A Feminist Analysis. (Other)"^^ . . . . . . "indexcodes.txt"^^ . . "HTML Summary of #254 \n\nConsent and its Construction in Rape Trials in Ireland: A Feminist Analysis.\n\n" . "text/html" . . . "K Law (General)"@en . .