Assault by penetration - ( Apart of age related sexual offences ) Flashcards
1
Q
What are the three offences against an adult ?
A
- rape
- assault by penetration
- sexual assault
2
Q
Assault by penetration
What is the actus reus ?
A
- penetration of the vagina or anus of the vitcim with a part of the defendnat’s body .
- pentration must be sexaul by nature
- no consent
3
Q
**What is the mens rea of assault by penetration ? **
A
- lack in belief of consent
- intention to penetration
4
Q
Assault by penetration is outlined in which section of the Sexual Offences act 2003 ?
A
section 2
5
Q
The meaning of sexaul is laided out in which section ?
A
section 78
6
Q
What are the two ways to identify if an act is sexaul or not ?
A
- if an objective believs the act to be sexaul
- if the defendnat’s purposue is to make it sexaul
7
Q
The defendant touching the victims’ bottom what case do you cite for that ? R V C 1989
A
**R v Court 1989 **
8
Q
Touching someone’s foor for sexaul pleasure what case do you cit ? R v G 1956
A
R v George 1956
9
Q
What case can you cite for when the defendnat grabbed someone’s clothes for pleasure ? R v H 2005
A
R v H
