Other Sex Offences Flashcards
What section, act and subsection covers assault with intent to commit sexual violation?
Section 129(2) of the Crimes Act 1961
According to Section 2 of the Crimes Act 1961, what is assault defined?
Assault is the act of intentionally applying force to a person of another, directly or indirectly, or any threatening act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
Does the assault need to be of an indecent nature?
No.
What must accompany the assault to form the offence of assault with intent to commit sexual violation?
The intention of, and for the purpose of, committing sexual violation.
What is the section and elements for sexual conduct with a child under 12
Section 132, Crimes Act 1961
A person
(1) Has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child
What is the section and elements for sexual conduct with a young person under 16
Section 134, Crimes Act 1961
A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) Does an indecent act on a young person
what is the section and elements for indecent assault
Section 135 CA 1961
A person
indecently assaults
another person
Name the two pieces of case law relating to indecency
R v Court and R v Dunn
What is R v Court
indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant)”
What is R v Dunn
Indecency must be judged in the light of the time, place and circumstances. It must be more than trifling and be sufficient to warrant the sanction of the law
According to section 134A CA 1961, what three things must be proven for a defence to sexual conduct with a young person under 16
reasonable steps to find out age
believed on reasonable grounds was over 16
consent
What are the two pieces of case law relating to indecent assault
R v Leeson and R v Norris
What is R v Leeson (5 things)
In indecent assault the prosecution must prove
intentionally assaulted
circumstances indecent
intended a reasonable person would find act indecent
no consent
did not believe complainant consented
What is R v Norris
if the defendant honestly believed the complainant was consenting, acquitted
What are the 3 steps of reasonable grounds
absence of consent - what was the complaint thinking at the time
belief in consent
reasonable grounds to believe in consent
What are the section and elements of assault with intent to commit sexual violation
Section 129(2) CA 1961
A person
assaults another person
with intent to commit sexual violation of the other person
What does section 131 CA 1961 cover
Sexual conduct with a dependant family member
Everyone who
(1)has sexual connection
(2) attempts to have sexual connection
(3) does an indecent act on
with/on a dependant family member under the age of 18
in sexual violation what four things must the crown prove
the offender intended the sexual connection with the complainant
the complainant did not consent
the offender did not believe the complainant was consenting
if the offender did believe the complainant was consenting the grounds of such belief were unreasonable
in attempted sexual violation what must the crown prove
the defendant intended to commit the full act of sexual violation
acted as he did for the purpose of achieving that aim
What is section 127 of CA 1961
no presumption because of age, not a defence of either party to say too young or too old, all capable of connection
what is section 128(4) of CA 1961
legally married is not a defence to sexual violation
what does section 128B CA 1961 state
punishment for sexual violation is 20 years imprisonment, imprisonment should always be imposed unless extra special circumstances
Is it an offence for an adoptive parent to have sex with his 18 year old daughther
yes - incest
can a 17 year old be charged with failure to protect a child
No must be 18 or over
Explain section 130 incest
parent and child, sibling and half sibling, grandparent and grandchild
know about the relationship
over 16
how far out must a prosecutor give a transcript to the defence before prelim or defended hearing
7 days
male has sex with an 18 year old home stay student, any offence
no
can a 16 year old be charged with having sex with a 14 year old
yes
what is the difference between sexual violation and attempted sexual violation
mens rea, the connection
What are the two types of intention in assault with intent to commit sexual violation
intending the complainant will change their mind and consent
intending to commit rape or sexual connection regardless if the complainant changes their mind
who does section 195A CA 1961 ill treatment/neglect of child or vulnerable adult apply to? x4
members of the same household
staff members of hospital or residence of care
knows the victim is at risk of death/GBH or sexual assault
fails to take reasonable steps to protect a child
define reluctant consent
a true consent may be given reluctantly or hesitantly and may be regretted after wards. no rape unless given due to application of force or threat of such
explain s138 CA 1961 Sexual Exploitation of a person with a significant impairment
has sexual connection with an impaired person knowing they have a significant impairment
has obtained impaired persons acquiescence by taking advantage of their impairment
If an indecent act is done with consent of the child, it is immaterial whether (x3)
the offender does the act on the child
the child does the act on the offender
the act is mutual
when can a previous consistent statement be admitted
as rebuttal evidence only
What is attempts
having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, whether possible or not
leaves the planning stage and takes a step towards the execution of the offence.
what two things are not a defence to s132 CA1961 sexual conduct with a child under 12
consent
believed the child was 12 or over
