Negligent Rape

Beskrivelse

Recently negligent rape has been a hot issue in Denmark. In this short talk I argue for the introduction of negligent rape in Danish criminal law. The argument is based on the fact that Criminal Law as a matter of fact does not convict on basis of Mens Rea, but on the basis epistemic standards for what are to be regarded as reasonable beliefs. Finally, the talk points to the historic perspective and genealogy of rape, in order to establish that Law as a matter of fact is a matter of social engineering, rather than a matter of 'deep justice'.