Critically discuss the validity of this statement and to what extent the Sexual Offences Act 2003 achieves gender neutrality in its current form and implementation.

Choose one of the following questions:
1. “There is a case to say that while it might have been the intention of SOA to capture all forms of sexual offending, the recognition that is given to offences committed by female offenders against male victims is slight, and as a result, the real possibility arises that an act which amounts to forced sexual intercourse with
a male may not be treated in a manner which is commensurate with the harm
caused.” Jeremy Robson, Lucy Newman and Andrew O’Hagan ‘Redrawing the Boundaries: the adequacy of the Sexual Offences Act in
addressing female sexual offending’ (2021) J. Crim. L., 85(4), 253 at
266 Critically discuss the validity of this statement and to what extent the Sexual Offences Act 2003 achieves gender neutrality in its current form and implementation.

2. “The emergence and use of consensual rough sex [or sado masochism] by the defence in homicide cases has led to widespread calls by the public, campaign groups and MPs to review and reform the law to prevent the rough sex “defence’ being used in future homicide cases.”

Hannah Bows and Jonathan Herring ‘Getting away with murder? A review of the “rough sex” defence’,
(2020) J. Crim. L., 84(6), 525 at 534
In relation to the above statement and the current debate surrounding
the “rough sex” defence in criminal law, critically discuss how this defence
operates in criminal law and to what extent the law in this area is in need of
reform.

3. “The definition of diminished responsibility in England and Wales has
been reformed significantly under the unlikely framework of the Coroners and
Justice Act 2009. Although largely concerned with reform of coroner law, section 52 of the Act introduces replacement wording for diminished responsibility which …differs considerably from the old law. The purpose of the Act, in the
particular context of its application to the criminal law, is to update the latter
in order to improve its clarity, fairness and effectiveness.”

Kennefick. L, “Introducing
a New Diminished Responsibility Defence for England and Wales” (2011) 74 Modern Law Review at 751.

With reference to the statement above, critically discuss the definition
and operation of the current defence of diminished responsibility (Section 52) within English criminal law and to what extent Section 52 has improved the clarity,
fairness and effectiveness of the defence from the former.
Please ensure that you cite relevant legal authorities and appropriate
sources to support your answer. Work
should be referenced using the OSCOLA form.

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