ABSTRACT

Over the past few years, we have witnessed increased social and political mobilisation against sexual violence and rape as a result of movements such as #MeToo, as well as renewed efforts directed towards widescale reform of rape law and policy. Within this context, this chapter primarily examines the persistent challenges associated with establishing that a rape offence has been committed and thus the contested question of consent or absence thereof. In particular, the paper identifies two key controversies in this area: coerced consent and intoxicated consent. In light of contemporary trends in reform to the definition of consent and/or the accused's mindset, the chapter considers whether and to what extent such formulations address the challenges presented by coerced and intoxicated consent. Drawing on two empirical projects conducted by the authors, as well as their contributions to the 2019 Gillen Review of serious sexual offences in Northern Ireland, this chapter argues that while reform to rape law and policy has its place, there is a more urgent need to raise public awareness on appropriate sociosexual conduct through comprehensive civil education which is committed to the realisation of and respect for sexual autonomy.