PUBLIC PROTECTION - Rape

Question 1

RAPE – S1 sexual offences act 2003

Answer 1

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

Question 2

Why do women not report rape?

Answer 2

Humiliation

They wouldn’t be believed

Didn’t want to go to court

Feared by violence

Dislike the police

Would not have sympathy

Question 3

for s1 SOA 2003, can women commit this offence?

Answer 3

Yes PROVIDING they were born with a penis and have not undergone genital surgery.

Question 4

VAMP

Answer 4

Vagina
Anus
Mouth
Penis

Question 5

ASSULT BY PENETRATION – S2 SOA 2003

Answer 5

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

Question 6

what type of penetration is involved in S2?

Answer 6

anything, finger, bottle, vibrator

Question 7

Who can commit s2

Answer 7

both male and female

Question 8

Definition of sexual?

Answer 8

Penetration, touching or any other activity is sexual if a reasonable person would consider that:
- Whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual or
- Because of its nature it may be sexual depending on the circumstances or the intention of any person in relation to it (or both) it is sexual

Question 9

SEXUAL ASSULT – S3 SOA 2003

Answer 9

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

Answer 10

Indictment – 10 years
Summary – 6 months and or a fine

Question 11

Under s3, what is ‘touching’?

Answer 11

• With any part of the body
• With anything else
• Through anything

Question 12

CAUSING A PERSON TO ENGAGE IN SEXUAL ACITIVTY WITHOUT CONSENT – S4 SOA 2003

Answer 12

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

Question 13

How may someone cause another to engage in sexual activity?

Answer 13

• An individual could force another person to carry out a sexual act on themselves, for example, where an abuser forces their victim to masturbate.
• An individual forces another person to engage in sexual activity with a third party, whether that third party is a willing participant or another victim, for example, a man forces a woman to give oral sex to a fellow abuser.

Question 14

Defensive responses active - FRIEND

Answer 14

earliest defensive strategy available to us. Screaming in the hope someone responds

Question 15

Defensive responses active - FIGHT

Answer 15

survival strategy. Respond with no aggression and will basically say no

Question 16

Defensive responses active - FLIGHT

Answer 16

used to put a space between themselves and the threat. Running, hiding

Question 17

Defensive responses passive - FREEZE

Answer 17

fight or flight has not worked. The body is left immobile - ridged

Question 18

Defensive responses passive - FLOP

Answer 18

almost submissive, sympathetic ns to parasympathetic ns. No reflexes. Like the body is asleep.

Question 19

What are the 3 stages of rape trauma?

Answer 19

Acute stage – diminished alertness, numbness, hysteria, bewilderment. First few days or weeks of the rape – the immediate symptoms may last

Adjustment stage – continuing anxiety, sense of helplessness, depression, flashbacks

Renormalisation stage – recognising impact, sexual assault no longer the central focus, shame resolved

Question 20

CONSENT – S74 sexual offences act 2003

Answer 20

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

Question 21

Evidential presumptions about consent S75(a) SOA 2003
CAN BE ARGUED BY THE DEFENCE

Answer 21

It is proved in court that:
1. The defendant did the sexual assault
2. Any of the specified circumstances existed
3. The defendant knew any of the circumstances existed

Question 22

Evidential presumptions about consent S75(b) SOA 2003
CAN BE ARGUED BY DEFENCE

Answer 22

The circumstances are :
- Use of fear or violence
- Unlawful detention
- Unconsciousness
- Inability to communicate from physical disability
- Substances non consensually administered that are capable of stupefying or overpowering

Question 23

DVSDVS

Answer 23

Detained
Violence (self)
Sleeping/unconscious
Disability
Violence (others)
Stupefied

Question 24

Conclusive presumptions about consent s76 SOA 2003
CANNOT BE ARUGED BY DEFENCE

Answer 24

S76(1) if it is proved that:
- The defendant did the relevant act & that any of the specified circumstances existed, it is to be conclusively presumed
a) That the complainant
did not consent to the
relevant act &
b) The defendant did not
believe that the
complainant
consented to the
relevant act

Question 25

S76(2) the circumstances are that:
CANNOT BE ARGUED BY DEFENCE

Answer 25

S76(2) the circumstances are that:
- The defendant intentionally deceived the complainant as to the nature of the purpose of the relevant act
- The defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant