Criminal Law: Rape Flashcards
What was criticized about the previous Sexual Offences Acts of 1956 and 1967?
They were a ‘patchwork quilt’ of statutory and common law offences that were incoherent and not gender neutral
Issues included the lack of consideration for male-to-male rape and excessive weight on sexual privacy.
What significant change did the Sexual Offences Act of 2003 make regarding the definition of rape?
Extended the definition of rape to include oral sex
Refer to S.1 of the Act.
What does S.74 of the Sexual Offences Act 2003 define?
Consent as free choice and capacity
This definition is crucial for understanding the legal framework surrounding sexual offences.
What is the Actus Reus of rape as defined by the Sexual Offences Act of 2003?
Penetration of the vagina, anus or mouth of another person with Defendant’s penis and Complainant did not consent
Only the slightest degree of penetration is required (s.79 (5)).
What constitutes the Mens Rea of rape?
Defendant does not reasonably believe that the complainant consented
Recklessness does not apply.
True or False: The principle of ‘marriage immunity’ was removed following the decision in R v R [1991].
True
This change was significant in addressing the legal treatment of marital rape.
What is the maximum sentence for rape under the Sexual Offences Act 2003?
Life imprisonment
Fill in the blank: The 2003 Act reduced the age of criminal liability of a child for rape from _______ to 10.
14
What must be established to determine if a victim consented under the basic meaning of consent in section 74?
The victim’s free choice and capacity to consent
This includes evaluating the victim’s understanding and maturity.
What does S.76 of the Sexual Offences Act 2003 establish?
When consent will be deemed to be absent as an irrebuttable presumption
This includes situations involving deception or impersonation.
What are the rebuttable presumptions of consent under S.75?
Consent is presumed NOT to have been given if:
* D used violence on C
* D caused C to fear violence against another
* C was unlawfully detained
* C was asleep or unconscious
* C could not communicate consent due to physical disability
* A substance was administered to C that stupefied them
How did R v Bree [2007] clarify the issue of consent and intoxication?
Consent may evaporate before a victim becomes unconscious due to alcohol
This highlights the importance of capacity when intoxicated.
What is the key difference highlighted in R v Olugboja regarding consent?
There is a difference between consent and submission
Consent must be given freely and willingly.
What did the case R v Malone establish about consent?
Absence of consent does not have to be demonstrated or communicated
If a complainant is physically unable to resist, this is not consent.
True or False: Non-disclosure of HIV status can lead to liability for rape under s.76.
False
Non-disclosure does not equate to deception under the act.
In the context of the Sexual Offences Act 2003, what role does the reasonable man standard play?
Reasonableness is determined with regard to all circumstances
This standard is used to assess the defendant’s belief regarding consent.
What legal guidance does the Code for Crown Prosecutors provide?
It outlines the principles for prosecuting rape and sexual offences
This includes considerations for evidence and victim support.
