4 - Sexual Offences

Question 1

Rape -
Section, Act and Definition

Answer 1

Sexual Offences Act 2003 s1
A person (A) commits an offence if
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis
(b) B does not consent to penetration and
(c) A does not reasonably believe that B consents

s5 - U13 offence

Question 2

Rape -
Points to Prove

Answer 2

• Intentionally
• Without consent (R v Lawrence 2020)
• Penetrates another person
• With a penis
• Without reasonable belief of consent

Question 3

Assault by Penetration -
Act, Section and Definition

Answer 3

Sexual Offences Act 2003 s2:
A person (A) commits an offence if
(a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b)the penetration is sexual,
(c)B does not consent to the penetration, and
(d)A does not reasonably believe that B consents

s6 - U13 offence

Question 4

Assault by Penetration -
Points to Prove

Answer 4

• Intentionally sexually penetrates
• Anus/vagina without consent
• With any part of body/ a thing
• Not reasonably believing there was consent

Question 5

Sexual Assault -
Act, Section and Definition

Answer 5

Sexual Offences Act 2003 s3:
A person (A) commits an offence if
(a)he intentionally touches another person (B),
(b)the touching is sexual,
(c)B does not consent to the touching, and
(d)A does not reasonably believe that B consents.

s7 - U13 offence

Question 6

Sexual Assault -
Points to Prove

Answer 6

• Intentional sexual touching
• Without consent
• Not reasonably believing there was consent (R v Ciccarelli 2011)

Question 7

Engaging without Consent -
Act, Section and Definition

Answer 7

Sexual Offences Act 2003 s4:
A person (A) commits an offence if
(a)he intentionally causes another person (B) to engage in an activity,
(b)the activity is sexual,
(c)B does not consent to engaging in the activity, and
(d)A does not reasonably believe that B consents.

s8 - U13 offence

Question 8

Engaging without Consent -
Points to Prove

Answer 8

• Intentional sexual engagement
• Without consent
• No reasonable belief of consent

Question 9

Sex with Child -
Act, Section and Definition

Answer 9

Sexual Offences Act 2003 s9:
A person aged 18 or over (A) commits an offence if—
(a)he intentionally touches another person (B),
(b)the touching is sexual, and
(c)either—
(i)B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)B is under 13.

Question 10

Sex with Child -
Points to Prove

Answer 10

• Defendant over 18
• Sexual touching of an U16
• Penetration of an U16
• No reasonable belief they were over 16

Question 11

Soliciting -
Act, Section and Definition

Answer 11

Sexual Offences Act 2003 s51:
It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute.

Question 12

Soliciting -
Points to Prove

Answer 12

• Solicited another person
• For sexual services
• In street or public place

Question 13

Exposure -
Act, Section and Definition

Answer 13

Sexual Offences Act 2003 s66:
A person commits an offence if
(a)he intentionally exposes his genitals, and
(b)he intends that someone will see them and be caused alarm or distress.

Question 14

Exposure -
Points to Prove

Answer 14

• Intentionally exposed
• Intent to be seen
• Intent for alarm and distress