Rape

Question 1

Section 1 sexual offence act 2003- rape

Answer 1

A person (A) commits rape if his intentionally penetrates the vagina, Anus or mouth of another person (B) with this penis and “B” does not consent to the penetration and “A” does not reasonably believe that “B” consents

Question 2

Section 74 sexual offences act 2003- consent

Answer 2

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

Question 3

What are the two forms of statutory presumption that can utilised to assist with determine where consent was absent or not

Answer 3

Evidential presumptions

Conclusive presumptions

Question 4

Evidential presumptions about consent (circumstances) section 75B sexual offences act 2003

Answer 4

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 5

Conclusive presumptions about consent section 76 sexual offences 2003
Section 76(1)

Answer 5

If it is proved that
The defendant did the relevant act & that any of the specified circumstances excised, 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 6

Conclusive presumptions about consent (circumstances)
Section 76 sexual offences act 2003
Section 76(2)

Answer 6

The circumstances are that
(A) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act
(B) the defendant intentionally included the complainant to consent to the relevant act by impersonating a person known personally to the complainant

Question 7

Assault by penetration section 2 sexual offences act 2003

Answer 7

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 body or anything else & the penetration is sexual ,
“B” does not consent to the penetration & 
“A” does not reasonably believe that “B” consents

Question 8

Define sexual

Answer 8

Penetration, touching or any other activity is sexual if a reasonable person would consider that:
(a) whatever it’s circumstances or any person purpose in relation to it is, because if it’s nature sexual or
(B) because if it’s 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 assaults- section 3 sexual offences act 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 reasonable believe that (B) consents

Question 10

Causing a person to engage in sexual activity without consent- section 4 sexual offences act 2003

Answer 10

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 11

Administering a substance with intent- section 61 sexual offence act 2003

Answer 11

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

Question 12

What are the Initial actions at the scene

Answer 12

Preservation of life
Preservation of scene
Securing evidence (including forensics evidence)
Identifying victim(s) & witnesses
Identifying suspects

Question 13

Early complaint

Answer 13

If a victim of a sexual offences makes a voluntary complaint after an offence the person to whom they made the complaint can give evidence to this face and what was said

Question 14

What the 2 ways victims react?

Answer 14

Active defence

Passive defence

Question 15

What are active defences

Answer 15

Friend
Fight
Flight

Question 16

What are passive defences

Answer 16

Freeze

Flop

Question 17

What are the 5 stages of grief

Answer 17

Denial
Anger
Bargaining
Depression
Acceptance

Question 18

What is RTS

Answer 18

Rape trauma syndrome

Question 19

Victims needs?

Answer 19

Encouragement to report supported by a believe that they will be believed/ understood

Support that they did the right thing to overcome
Feelings of powerlessness/vulnerability/ low self esteem

Support with regard to help available to assist victim to regain control
Consider appropriate time to deliver information as it may not be absorbed or retained

Question 20

What are the 3 stages of rape trauma

Answer 20

Acute stage
Adjustment stage
Renormalisation stage

Question 21

Explain acute stage

Answer 21

Numbness
Paralysing anxiety
Obsession to wash 
Hysteria
Calmness

Question 22

Explain adjustment stage

Answer 22

Persistent fear
Sense of helplessness
Wastefulness
Flashbacks
Loss of concentration

Question 23

Explain renormalisation

Answer 23

Recognising impact; sexual assault not longer central focus on their lives, negative feelings of guilty & shame resolved

Question 24

Anonymity of complainant

Answer 24

Section 1,2,3,4,5 of the sexual offence amendment act 1992
The information which cannot be published under this act is:
The person name, address
The identify of any school or other educational establishment attended by the person
The identify of any place of work
Any still or moving pictures of the person

Question 25

Evidential presumtions about consent s75A

Answer 25

If it is proved in court that
The defedant did the sexual assualt
Any of the specified circumstances existed
The defedant knew any of the circumstances existed
The court will make the presumtion that the victim did not consent