4.3 Sexual Assault Flashcards
Sexual assault by penetration?
If he intentionally prnetrates the vagina or anus of another
With part of his body or anything else
The penetration is sexual
And that person doesn’t consent it he does not reasonably believe that they consented
What is classed under the term sexual?
It is sexual by the very nature regardless of circumstance
It may be sexual and because of the circumstances of the purpose of any person in relation to it, it is sexual
Who has to deem the activity to be sexual?
An ordinary person
How to fetishes work in terms of the term sexual?
They aren’t included
What is sexual assault
He intentionally touches another
The touching is sexual
They do not consent and he doesn’t reasonably believe that they have consented or
Does sexual assault have to be on someone’s skin
No it can be over clothing
What is included under the term touching?
Touching with any part of the body
Touching with anything else
Touching through anything
Causing sexual activity without consent
He intentionally causes another person to engage in activity
The activity is sexual
And the person doesn’t consent and he does not reasonably believe that they consent
Punishment for causing sexual activity without consent
If penetration of anyone’s anus or vagina or penetration of anyone’s moth with a penis then life imprisonment
Anything else 10 years on indictment or 6 months summary
Can the sexual activity be a conversation?
Yes
What is the age where children cannot consent?
Under 13
