Consensual Sexual Activity before a Sexual Violation is not Mitigating

The Court of Appeal has signalled its intention to review guideline judgment for sexual violation sentencing, R v AM, which includes guidance on when sentencing judges should treat prior consensual sex as mitigating. argument this article makes is that the new remove a mitigating factor two reasons. first treating activity before embeds an outdated idea what constitutes "real rape" and fails recognise uphold autonomy. second reason removing it incorrect matter methodology in own right.