Rape

Question 1

Which extract of legislation covers a victim of a sexual offence’s right to anonymity?

Answer 1

Section 5 The Sexual Offences (Amendment) Act 1992

Question 2

How long does the anonymity granted via Section 5 The Sexual Offences (Amendment) Act 1992 last?

Answer 2

For ever

Question 3

If anonymity granted under Section 5 of the Sexual Offences (Amendment) Act is breached, what is the consequence?

Answer 3

The breach is considered an offence

Question 4

Which extract of legislation covers consent in relation to sexual activity?

Answer 4

The Sexual Offences Act 2003

Question 5

What is consent pivotal to determining with respect to sexual activity?

Answer 5

Whether the sexual activity is lawful

Question 6

When is consent deemed to be present?

Answer 6

When a individual agrees by choice AND
They have the freedom to choose to consent AND
They have the capacity - mental and physical - to choose

Question 7

If a person consents to sexual activity when sober, then, later, becomes so drunk they cannot reasonably consent at that time, would they still be deemed to have consented?

Answer 7

No - they no longer have the capacity to consent and the circumstances are significantly changed such that previous expressions of consent are deemed inapplicable

Question 8

Under what age is an individual deemed to lack the capacity to consent?

Answer 8

Under 13 years - any activity with a child is ALWAYS rape therefore

Question 9

Under what age is an individual deemed to lack the capacity to give true consent?

Answer 9

Under 16 years

Question 10

Is there any available defence to a conviction of rape with regard to a child under 16 years?

Answer 10

Possibly - a defence may be available ONLY if the defendant had the HONESTLY HELD BELIEF that the child was 16 or over (and adult and able to consent)

Question 11

For individuals below the age of 16 engaging in sexual activity together, would a charge be applied?

Answer 11

No

Question 12

What question should you ask yourself in respect of considering whether a sexual act may constitute rape?

Answer 12

Ask if the people involved had CAPACITY, FREEDOM and CHOICE in the situation

Question 13

What should be determined with regard to any suspect when considering a charge of rape?

Answer 13

Whether they took any steps to gauge consent of the other person before engaging in sexual activity

Question 14

With respect to a charge of rape, what is the first evidential presumption which would cause a person to be presumed incapable of consenting?

Answer 14

If anybody uses violence or causes the victim to fear violence before or during the sexual act

Question 15

With respect to a charge of rape, what is the second evidential presumption which would cause a person to be presumed incapable of consenting?

Answer 15

If somebody uses violence toward another person besides the victim, or causes them to fear violence

Question 16

With respect to a charge of rape, what is the third evidential presumption which would cause a person to be presumed incapable of consenting?

Answer 16

The victim was unlawfully detained and the defendant was not so detained

Question 17

With respect to a charge of rape, what is the fourth evidential presumption which would cause a person to be presumed incapable of consenting?

Answer 17

The victim was asleep or unconscious at the time of the act

Question 18

With respect to a charge of rape, what is the fifth evidential presumption which would cause a person to be presumed incapable of consenting?

Answer 18

If, due to physical disability, the victim was unable to communicate consent

Question 19

With respect to a charge of rape, what is the sixth evidential presumption which would cause a person to be presumed incapable of consenting?

Answer 19

The victim was overpowered by some substance(s)

Question 20

If any of the evidential presumptions for inability to consent hold true in respect of a charge of rape, what bearing does this have on the trial?

Answer 20

The burden of proof is then placed on the defence to prove innocence

Question 21

With respect to a charge of rape, what is the first conclusive presumption which would cause a person to be presumed incapable of consenting?

Answer 21

Where the suspect intentionally deceived the victim as to the nature or purpose of the sexual act

Question 22

With respect to a charge of rape, what is the second conclusive presumption which would cause a person to be presumed incapable of consenting?

Answer 22

The suspect intentionally impersonated somebody whom the victim knows, causing them to thing they were having intercourse with this person

Question 23

If any of the conclusive presumptions for inability to consent hold true in respect of a charge of rape, what bearing does this have on the trial?

Answer 23

The victim is presumed not to have consent and the burden of proof is then placed on the defence to prove innocence

Question 24

Is the presence of sexual disease deemed relevant to consent by the Court of Appeal in respect of sexual offences?

Answer 24

Generally no UNLESS the accused dishonestly states they do NOT have an STD when asked and consent follows from this

Question 25

How is Rape triable?

Answer 25

On indictment, in Crown Court

Question 26

What is the definition of Rape?

Answer 26

A is guilty if he intentionally penetrates the vagina, anus or mouth with his penis (VAMP) AND
B doesn’t consent to penetration AND
A doesn’t reasonably believe B consented

Question 27

What is the acronym to remember the key elements of the Actus Reus for Rape?

Answer 27

V agina
A nus
M outh
P enetrated with penis intentionally

Question 28

What is the Mens Rea for Rape (2 elements)?

Answer 28

The intentional penetration of VAMP is done

1) Without consent
2) The suspect does not reasonably believe the victim consented

Question 29

What must the character of penetration be for a legitimate charge of Rape?

Answer 29

It must be intentional, not accidental

Question 30

What is the definition of “penetration”?

Answer 30

Penetration is a continuing act from entry to withdrawal

Question 31

Can transgendered individuals be deemed victims of Rape?

Answer 31

Yes