Overview

This bill, the Rape (Defences) Act 2008, amends the Sexual Offences Act 2003 to prevent defendants accused of rape from using sleepwalking or similar conditions (like non-insane automatism) as a legal defense.

Description

The bill directly alters the Sexual Offences Act 2003. Specifically, it adds a new subsection (3A) to Section 1, explicitly stating that claiming to have been sleepwalking or suffering from a similar condition (such as non-insane automatism) will not be a valid defense against a rape charge. This effectively removes these potential defenses from consideration in rape trials.

Government Spending

The bill is unlikely to significantly impact government spending. The primary cost would be associated with the administrative process of enacting and implementing the legal changes. No specific figures are provided in the bill text.

Groups Affected

• Defendants accused of rape: This bill significantly limits the potential defenses available to them, potentially making convictions more likely.
• Victims of rape: This bill may lead to a greater likelihood of successful prosecutions and potentially provide increased legal protection.
• The judiciary and legal professionals: They will need to adapt their practices to reflect the removal of these defenses.

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