Rape

Question 1

Hughes [1841]

penetration

Answer 1

penetration of the vagina, the hymen need not be ruptured

Question 2

Ram and Ram [1893] 17 Cox CC 609

by the penis

Answer 2

a women can aid and abet rape and cause a person to engage in non consensual sexual activity

Question 3

Ismail [2005] EWCA Crim

of the vagina, anus or mouth of C

Answer 3

sentencing should not be distinguished between the orifices penetrated. This is based on the view that each represent violation

Question 4

Gaston [1981] 73 Cr App R 164

Answer 4

this was not rape, only indecent assault – but now rape under 2003 act

Question 5

Reynard Sinaga [2020]

Answer 5

• The 1994 criminal justice and public order Act made it rape, meaning a man can rape a man.

Question 6

Cogan and Leak [1976] QB 217

marital rape

Answer 6

Cogan and Leak [1976] QB 217 – D was guilty of procuring another to rape his wife

Question 7

R [1992] 1 AC 599

Answer 7

a husband can rape his wife

Question 8

A [2012] EWCA Crim 1646

Answer 8

still rape even though D was brought up abroad where marital non-consensual rape doesn’t exist

Question 9

Horn [1912] 7 Cr App R 200

Answer 9

burden of proof on prosecution to prove lack of consent

Question 10

Malone [1998] 2 Cr App R 447

Answer 10

• D appealed against his conviction for raping a 16 year old drunken girl in her bedroom
• C said she did not physically resist and did not verbally protest, as the drink had disabled her from doing either
• D argued that C must demonstrate lack of consent by resistance either by speech or by physical conduct

Communication of no consent
• D appealed against his conviction for raping a 16 year old drunken girl in her bedroom
• C said she did not physically resist and did not verbally protest, as the drink had disabled her from doing either
• D argued that C must demonstrate lack of consent by resistance either by speech or by physical conduct
• CA rejected his argument: but there must be some evidence of lack of consent

Question 11

Cooper & Schaub [1994] Crim LR 531

Rape as a continuing act.

Answer 11

the initial act of penetration continues until the other elements are present

Question 12

Leaver [2006] EWCA Crim 2988

Answer 12

D had consensual sex at a bus stop but later failed to withdraw when C said “no”

Question 13

Flattery [1887] 2 QBD 410

Answer 13

• C mother took C to the ‘doctors’ stall in a market
• The mother explained C symptoms (seizures)
• The doctor took C to an inn and said to cure the seizures “natures string wanted breaking”
• Had sexual intercourse with C
• D’s conviction was upheld – deception as to the nature of the act

Question 14

Williams [1923] 1 KB 340

Answer 14

• D choirmaster deceived C1, ages 16, into believing that sexual intercourse was an act which would imbrove her breakther, and therefore her singing
• D said ‘ your breather is not quite right and I have to make an air passage to make it right’
• D told a similar story to C2, whom he did not rape but sexually assaulted
• Conviction upheld because of the deception vitiated consent

Question 15

Linekar [1995] 2 Cr App R 49

Answer 15

no deception as to nature of the act where a sex worker consented to sex as the basis of a lie that she would be paid

Question 16

Tabassum [2000] 2 Cr App R 328 (sexual assault case)

Answer 16

• D told C that he was conducting breast examination for a cancer screening programme
• D was unqualified and conducting the examination for sexual gratification
• CA HELD that although there was consent to the nature of the act there was no consent to the quality of the act, the women would not have consented if they had known his purpose