From this presumption, Westen contends it is maybe maybe maybe not, in reality, very easy to make any basic

From this presumption, Westen contends it is maybe maybe maybe not, in reality, very easy to make any basic

Wall highlights that the law that is criminal differently into the occasions of place 1 and place 2.

On these facts alone, we all know sufficient about place 1 in order to make out of the offense of assault occasioning actual physical harm. The bare facts of place 2, having said that, are insufficient to ascertain the offense components of an offence that is sexual. We truly need not enough permission because of this. Why the asymmetry? Wall’s solution, drawing on a few ideas of Peter Westen, is the fact that orthodox view illicitly presumes sexual intercourse is welcome and valuable (not very a black eye) or, it elsewhere, that ‘a person’s body has a default setting in favour of sexual activity’ as he puts. Read More