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Sexual Offences > Definitions > Flashcards

Definitions Flashcards

1
Q

What is Section 1 Sexual Offences Act 2003?

A

A person (A) commits rape if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis AND ‘B’ does not consent to the penetration and ‘A’ does not reasonably believe that ‘B’ consents.

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2
Q

What is Section 2 Sexual Offences Act 2003?

A

A person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (B) with a part of his/her body or anything else and the penetration is sexual, ‘B’ does not consent to the penetration and ‘A’ does not reasonably believe that ‘B’ consents.

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3
Q

What is Section 3 Sexual Offences Act 2003?

A

A person (A) commits an offence if they intentionally touch another person (B), the touching is sexual, (B) does not consent to the touching and (A) does not reasonably believe that (B) consents.

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4
Q

What is Section 4 Sexual Offences Act 2003?

A

It is an offence for (A) to intentionally cause another person (B) to engage in sexual activity and (B) does not consent, and (A) does not reasonably believe that (A) consents.

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5
Q

What is the definition of consent under section 74 Sexual Offences Act 2003?

A

A person consents if/she agrees by choice and has the freedom and capacity to make that choice.

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6
Q

What are the Evidential Presumptions about Consent under Section 75(a) SOA 2003?

A

If it is proved in court that:
1. The defendant did the sexual assault
2. Any of the specified circumstances existed AND
3. The defendant knew any of the circumstances existed
Then the court will make the presumption that the victim did not consent.

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7
Q

What are the Evidential Presumptions about Consent (circumstances) under Section 75(b) SOA 2003?

A
  • Use of or fear of violence
  • Unlawful detention
  • Unconsciousness
  • Inability to communicate from physical disability
  • Substances non-consensually administered that are capable of stupefying or overpowering.
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8
Q

What are the conclusive presumptions about consent under S.76 (a) SOA 2003?

A

If it is proved in court that:
1. The defendant did the sexual assault AND
2. Any of the specified circumstances existed
Then the court will make the presumption that the victim did not consent.

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9
Q

What are the conclusive Presumptions about consent (circumstances) under S.76 (b) SOA 2003?

A
  • Intentionally deceived the victim as to the nature or purpose of the relevant act.
  • Intentionally induced the victim to consent to the relevant act by impersonating an individual known personally to them.
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10
Q

What is the definition of ‘sexual’?

A

Penetration, touching or any other activity is sexual if a reasonable person would consider that:

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, OR
(b) because of its nature it may seem sexual depending on the circumstances or the intention of any person in relation to it (or both) it is sexual.

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11
Q

What is S.61 SOA 2003?

A

A person commits an offence if he:
Intentionally administers a substance to, or cause a substance to be taken by another person
(a) knowing that the person does not consent
(b) with the intention of stupefying or overpowering that person, so as to enable any person to engage in a sexual activity that involves that person.

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12
Q

Name the 3 Stages of Rape Trauma?

A

Acute Stage
Adjustment Stage
Integration Stage

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13
Q

Name the acts relating to anonymity of complainants.

A

Sections 1-4 Sexual Offences Amendment Act 1992

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14
Q

What is S.5 SOA 2003?

A

A person commits an offence if:
He intentionally penetrates the vagina, anus or mouth of another person with his penis AND
The person is under 13.

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15
Q

What is S.6 SOA 2003?

A

A person commits an offence if:
He intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
The penetration is sexual
The person is under 13

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16
Q

What is S.7 Sexual Offences Act 2003?

A

A person commits an offence if:
He intentionally touches another person
The touching is sexual
The person is under 13

17
Q

What is S.8 SOA 2003?

A

A person commits an offence if:

He intentionally causes or incites another to engage in a sexual activity and the child is under 13.

18
Q

What is Outraging Public Decency under Common Law?

A

It is an offence to commit an act of a lewd, obscene and disgusting nature, which is capable of outraging public decency in a public place where at least two members of the public could have witnessed it.

19
Q

What offence is under S.66 SOA 2003?

A

A person intentionally exposes their genitals AND

they intend that someone will see them and be caused alarm or distress.

20
Q

What is voyeurism under S.67(1) SOA 2003?

A

A person observed another doing a private act for the purpose of obtaining sexual gratification and they know that the other person does not consent to being observed for their sexual gratification.

S.67 (2) covers use of equipment
S.67 (3) covers recordings
S.67 (4) covers spying - spy holes, two way mirrors

21
Q

Voyeurism Offences Act 2019 made an offence for “upskirting”. Define the offence under S.67A.

A

A person (A) commits an offence if:
(a) A operates equipment beneath the clothing of another, B
(b) A does so with the intention of enabling A or another person (C) for a purpose mentioned in SS3 to observe
(I) B’s genitals or buttocks (whether exposed or covered in underwear) or
(ii) the underwear covering B’s genitals or buttocks,
In circumstances where the genitals, buttocks or underwear would not otherwise be visible, and
(c) A does so
(i) without B’s consent, and
(ii) without reasonably believing that B consents.

22
Q

What is the offence of Trespass with Intent to Commit a sexual offence under S.63 SOA 2003?

A

A person commits an offence if:
They are a trespasser on any premises
They intend to commit a relevant sexual offence on the premises, and
They know that, or are reckless as to whether, they are a trespasser.

23
Q

What offence is under S.71 SOA 2003?

A

It is an offence for a person to engage in sexual activity in a public lavatory.

24
Q

What sexual offence comes under S.33 CJCA 2015?

A

It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:
Without the consent of an individual who appears in film/photo, and with the intention of causing that individual distress.

25
Q

What offence comes under S.63-67 CJ&IA 2008?

A

It is an offence to be in possession of an ‘extreme pornographic image’.

Sexual Offences (1 decks)

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