PUBLIC PROTECTION - Rape Flashcards
RAPE – S1 sexual offences act 2003
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
Why do women not report rape?
Humiliation
They wouldn’t be believed
Didn’t want to go to court
Feared by violence
Dislike the police
Would not have sympathy
for s1 SOA 2003, can women commit this offence?
Yes PROVIDING they were born with a penis and have not undergone genital surgery.
VAMP
Vagina
Anus
Mouth
Penis
ASSULT BY PENETRATION – S2 SOA 2003
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
what type of penetration is involved in S2?
anything, finger, bottle, vibrator
Who can commit s2
both male and female
Definition of sexual?
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
SEXUAL ASSULT – S3 SOA 2003
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
Indictment – 10 years
Summary – 6 months and or a fine
Under s3, what is ‘touching’?
- With any part of the body
- With anything else
- Through anything
CAUSING A PERSON TO ENGAGE IN SEXUAL ACITIVTY WITHOUT CONSENT – S4 SOA 2003
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
How may someone cause another to engage in sexual activity?
- 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.
Defensive responses active - FRIEND
earliest defensive strategy available to us. Screaming in the hope someone responds
Defensive responses active - FIGHT
survival strategy. Respond with no aggression and will basically say no
Defensive responses active - FLIGHT
used to put a space between themselves and the threat. Running, hiding
Defensive responses passive - FREEZE
fight or flight has not worked. The body is left immobile - ridged
Defensive responses passive - FLOP
almost submissive, sympathetic ns to parasympathetic ns. No reflexes. Like the body is asleep.
What are the 3 stages of rape trauma?
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
CONSENT – S74 sexual offences act 2003
A person consents if he/she agrees by choice and has the freedom and capacity to make that choice
Evidential presumptions about consent S75(a) SOA 2003
CAN BE ARGUED BY THE DEFENCE
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
Evidential presumptions about consent S75(b) SOA 2003
CAN BE ARGUED BY DEFENCE
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
DVSDVS
Detained
Violence (self)
Sleeping/unconscious
Disability
Violence (others)
Stupefied
Conclusive presumptions about consent s76 SOA 2003
CANNOT BE ARUGED BY DEFENCE
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
S76(2) the circumstances are that:
CANNOT BE ARGUED BY DEFENCE
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
