(145)  Rape, consent, and the use of force

A Court of Seven Judges is considering the law on rape in a Lord Advocate’s reference following the dismissal of a case by Lord Abernethy on the grounds that having sex without the woman’s consent is not necessarily rape if not accompanied by the use of force against the victim (see No 103).  The case was heard on 18 December 2001 and a judgment is expected early in 2002.