Emmanouela Kritikou
Emmanouela Kritikou is a DPhil Candidate in Law at Green Templeton College, University of Oxford. Her research examines the mens rea of rape from a comparative perspective, focusing on the possibility of introducing a lesser offence of negligence-based rape to allow for a more proportionate gradation of rape offences according to the defendant's culpability. to allow for a more proportionate gradation of rape offences according to the defendant's culpability. In particular, she explores the scope, content and underlying principles of such liability.
- What is your research about?
My research examines the mental element (mens rea) of rape from a comparative perspective, focusing particularly on whether, and how, a duty of care could be incorporated into the law on sexual offences through the introduction of a lesser offence of negligence-based rape. In this context, I explore the culpability of inadvertent negligence, as well as the content, scope and underlying principles of the relevant duty of care. Ultimately, my aim is to develop a principled and proportionate account of negligence-based rape liability.
- Who are your supervisors?
I am fortunate to be supervised by Professor Jonathan Herring and Professor Kate Greasley, to both of whom I am grateful for their guidance and encouragement.
- How did you come up with your research topic?
My interest in the law on sexual offences began during my undergraduate studies, when I participated in the National Moot Court Competition. The problem case concerned sexual offences, and we were required to develop arguments from the perspectives of both the defendant and the complainant. I remember being particularly struck by how susceptible the law in this area can be to claims of mistake of fact, especially given the evidential difficulties that frequently arise. My wish to contribute through my research to addressing an issue of social importance, together with my interest in exploring an area of criminal law that engages several doctrinal questions, led me towards this topic. I believe that rape liability brings both of these interests together. However, these initial interests would not have developed into the precise research question I am now pursuing without the efforts of my supervisors, who encouraged me to revisit and recalibrate my approach throughout the early stages of my research.
- Why did you choose Oxford to undertake research in Criminal Law?
Coming from a civil law jurisdiction, I saw pursuing doctoral research in the UK as a way to broaden my understanding of criminal law and revisit familiar legal concepts from a different perspective. I believe that engaging with different legal traditions can, more than anything, lead to meaningful ideas and challenge established assumptions. Oxford, in particular, offers an academic environment where the relationship between law and philosophy (or jurisprudence) is especially prominent. I could hardly think of a better place to pursue doctoral research, especially on a topic that is closely connected to fundamental notions of responsibility and culpability, whose meaning and significance cannot be fully understood if they are treated merely as technical legal terms. Lastly, Professor Herring's approach to rape law, which places greater emphasis on the responsibility of the defendant rather than on the consent of the complainant, has been particularly influential for me ever since I first came across it. His work played a significant role in my decision to apply to Oxford.
- How do you hope your research will contribute to law and society?
I hope that my research will make a small contribution to the ongoing discussion on how the law on rape could better reflect different degrees of culpability. In particular, I would be very pleased if my findings could help inform future discussions on law reform, especially concerning the possibility of introducing a more proportionate gradation of rape offences, as the Law Commission has similarly proposed in the context of homicide. More broadly, I would like to see greater consideration given to negligence-based liability for rape in civil law jurisdictions, drawing on the experience of England and Wales. My hope is that my research might contribute to this discussion by exploring how such liability could be developed in a way that is principled and defensible against criticism, but, most importantly, fair and effective in practice.