LJMU Student Law Journal

Editorial

Hannah Baumeister — Mon, 19 Feb 2024 00:00:00 +0000

Admissibility of Sexual History Evidence and Section 41 Youth Criminal Justice and Evidence Act 1999

Daisy Silvester Kerins — Mon, 19 Feb 2024 00:00:00 +0000

In October 2016, Ched Evans was found to be not guilty of rape. The case sparked academic debate, focusing on section 41 Youth Criminal Justice Evidence Act (YCJEA) 1999 which permits the judiciary to consider a complainant’s previous sexual history under specific gateways. This provided scope for attention to be drawn to the Complainant’s lifestyle, rather than the unchivalrous acts of Evans. The Complainant’s lifestyle did not comply with the societal role that women are perceived to play, portraying women to be passive not active participants in sexual activities. Such misconceptions associated with rape myths are imbedded within society and have consequently influenced legal attitudes, especially about victims of rape.

This article challenges the threshold of section 41(3)(c)(i) YCJEA regarding the admission of sexual history evidence. It highlights the concern that the provision has failed to achieve its intended results, namely to shield complainants from unnecessary stereotyping that seeks to challenge their credibility while also ensuring that the defence can meaningfully participate in the trial process. While it is debatable whether Evans opened the floodgates to the admissibility of sexual history evidence, the case demonstrates that allowing it can lead to victim blaming that might deter future victims of rape from coming forward and reporting sexual assaults. This concern is heightened given that defence counsels, juries, trial judges, and the Crown Prosecution Service perpetuate stereotypical beliefs about rape and its victims within the trial process. Fundamentally, the legal response to sexual offences can only be improved through education that will rectify misconceptions about consent and the role women play in sexual activities, eradicating stereotypical beliefs regarding victims of rape.

A Critical Analysis of Gender Neutrality in Relation to the Sexual Offences Act 2003

Alexandra Barker — Mon, 19 Feb 2024 00:00:00 +0000

Legal definitions of rape are impacted by gender stereotyping. For example, the current legal definition of rape in England and Wales recognises only men as perpetrators and excludes forced to penetrate cases perpetrated by women against men. Existing literature indicates that this is due to widely held gender stereotypes in society and law. This article explores whether a gendered approach in law affects people in society and how widely held societal attitudes regarding gender influences the law. It is suggested that forced to penetrate cases should be recognised as rape in order to erase unnecessary stereotypes about men that impact how society and the law perceive men as victims. Thus, there is a need for a gender-neutral approach to be applied to the law in England and Wales, as is accepted in other jurisdictions such as Canada.

UK Prostitution Legislation and the Implementation of the Nordic Model

Lois Nield — Mon, 19 Feb 2024 00:00:00 +0000

The law of prostitution in the United Kingdom (UK) fails in many instances. By focusing primarily on the nuisance of prostitution, UK law does not offer any indication that a prostitute is a vulnerable party in the transaction. Although progress has been made through s.53A Sexual Offences Act 2003, this article argues that UK law requires reform to implement policies that recognise that prostitutes are victims of gender inequality. Originally implemented in Sweden in 1999, the Nordic model is the first to criminalise the purchase but not the sale of sex, reflecting the radical feminist idea that prostitutes are victims of the patriarchal belief that men have a right to on-demand sex. However, while the model reduces on-street prostitution, this does not outweigh the increased risks of violence prostitutes face. Additionally, prostitution as a whole has not reduced, with buyers and sellers using other means to organise the transaction. Although ultimately concluding that the model has far too many negative effects, the article acknowledges the near impossibility of producing a perfect prostitution policy. However, in order to sufficiently protect prostitutes from harm, the law needs to do more than send a message of disapproval. Instead, more social interventions should be implemented to support sex sellers in all aspects of their lives. Prostitution exists and will continue to exist because patriarchy allows it to do so. To eliminate prostitution, patriarchy and the patriarchal belief that men have an intrinsic right to women's bodies must first be dismantled.

The Ethics and Legality of Assisted Dying

Samuel Smith — Mon, 19 Feb 2024 00:00:00 +0000

This study considered the contentious issue of legalising assisted dying in the United Kingdom (UK), examining arguments for and against, analysing legal frameworks in the UK, Canada, the Netherlands, and Oregon, and considering the influence of human rights on the debate. This research aimed to propose recommendations regarding the potential legalisation of assisted dying in the UK and its scope.

The study critically assessed various perspectives, revealing the multifaceted nature of the debate. Despite attempts to change legislation, the UK’s legal framework has remained mostly unchanged, with minimal prosecutions for assisted dying. The experience of other jurisdictions that have legalised assisted dying have been mostly positive but are not without criticism. The Netherlands allows for children as young as 12 to receive assistance and Canada has very permissive guidelines, allowing for patients with non-terminal illnesses, and soon mental illnesses, to request assisted dying.

Despite several cases arguing that prohibitions on assisted dying infringe human rights, it has been held that they are not disproportionate. The impact on vulnerable groups was found to be minimal without increased risks compared to the general population. The findings of this project indicate the need for careful consideration of assisted dying to ensure all views are considered, the frameworks of other jurisdictions are learned from, and vulnerable populations are respected and protected. It is recommended that assisted dying be legalised in the UK in limited circumstances for people with terminal illnesses, and slowly expanded over time.

Push and Pull Factors for Catalonia’s Independence

Martyna Szurmiej — Mon, 19 Feb 2024 00:00:00 +0000

This article critically examines the push for Catalan independence, delving into legal, historical, social, economic, and political aspects that both support and challenge the region's bid for autonomy. Catalonia's historical journey from its independent kingdom status to its current position within Spain sets the backdrop for its ongoing pursuit of self-governance. Together with its distinct culture and language, this makes a strong case for self-determination, asserting a right to shape Catalan’s destiny and protect its identity. Economic considerations, including perceived unfair taxation, further fuel the drive for autonomy as proponents envision Catalonia's self-sufficiency within the European Union. Yet, the article also highlights opposing viewpoints. Critics caution against potential economic instability, pointing to concerns over debt, the establishment of new financial structures, and the intricate relationship between Catalonia and Spain. Shared cultural attributes and economic benefits from unity with Spain are among the arguments against separation. Moreover, Spain’s claim to territorial unity that is supported by constitutional rules of referendums and secession oppose Catalonia’s self-determination. The article also explores the potential external dimension of an independent Catalonia, weighing the advantages of economic growth and self-governance against challenges like the loss of EU citizenship and trade disruptions. In a comprehensive analysis spanning historical origins to contemporary dynamics, this article provides a nuanced understanding of the multifaceted debate surrounding Catalonia’s bid for independence. It offers insights into the complex legal, historical, social, economic, and political factors shaping the region’s aspirations and its future relationship with Spain and the European Union.

Economic and Social Rights and Liberal Democracy

Andrew Munro — Mon, 19 Feb 2024 00:00:00 +0000

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The Introduction and Implementation of Voter ID in the United Kingdom

Ben Stanford — Mon, 19 Feb 2024 00:00:00 +0000

The introduction of voter identification (ID) in the Elections Act 2022 has attracted considerable attention amongst academics, lawyers and journalists alike, with tens of millions of people in the United Kingdom (UK) who traditionally cast their vote in polling stations being directly impacted. Concerns have been repeatedly raised that the reforms are unnecessary given the infrequency of impersonation, that the new law may disenfranchise minorities, the elderly and less well-off people, and pile more pressure on local authorities to administer the process, as well as costing tens of millions of pounds to implement. This article provides a brief overview of the introduction and implementation of voter ID in Great Britain and, more specifically, my own research activities in this area since 2017. During this project I have published numerous outputs, including public-facing and accessible blogs which have attracted a wide audience, but also substantive academic articles which have been used by legal teams in a challenge which ultimately proceeded to the UK Supreme Court. I have also collaborated with other academics, lawyers and journalists to disseminate my findings to a broader audience.

Mooting

Gabriel Wishart — Mon, 19 Feb 2024 00:00:00 +0000

Mooting is the tried and tested method of legal education of preparing law students for practice. It is to many law firms and chambers as essential to employability as the degree itself. It exists as a test of a future trainee or pupil's advocacy, communication, and research skills. With the advent of legal advice clinics in universities, the status of moots as an effective form of practical legal education has been brought into question. Arguably, however, this claim is unfounded. The essential value of mooting is expanded upon through this article by the author's own anecdotal experiences as a mooter both at the national and international level.

Research in Practice

Zoe McConville — Mon, 19 Feb 2024 00:00:00 +0000

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Research in Legal Practice

Aaron Taylor — Mon, 19 Feb 2024 00:00:00 +0000

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