Definitions Flashcards
Why was the sexual offences act 2003 introduced?
Because the old law was ‘archaic, incoherent and discriminatory’
What were the changes that were implemented?
Redefined and clarified terms as well as introducing new offence types, widened the definition of rape to include penetration to ‘mouth of another person’ and definition of vagina to include ‘surgically constructed’ vagina
Actus reus in rape
Must be shown that the sexual act took place and the victim did not consent
Men’s rea of rape
Must be shown that the victim did not reasonably believe that the victim consented
Who are the defendant’s of rape?
In law women cannot commit rape - only accomplice to rape - Rosemary West / DPP v K and C
Who are the victims in rape?
Victim could only be female until 1994 - Criminal Justice and Public Order Act 1994 (CJPO)
What is the case for consent?
R v Kirk
What does s.75 contain in SOA 2003?
Evidential presumption about consent = rebuttable
What does s.76 contain in SOA 2003?
Conclusive presumptions about consent = not rebuttable
What happens when the sections do not apply?
The jury must still consider whether or not there has been consent under the general meaning in s.74
What does this lead to?
Focus to be on victim’s state of mind, making it appear as though the victim is on trial
