Rape

Question 1

Define Rape

Answer 1

Any person (A) who unlawfully and intentionally commits an act of sexual penetration with a complainant (B) without the consent of B, is guilty of the offence of rape

Question 2

what are the elements of rape

Answer 2

the complainant
sexual penetration
intent
unlawfulness

Question 3

what does the sexual penetration element of rape entail

Answer 3

s(1) of Sexual offences Act definition
Includes: Acts committed by male i.r.o female/male and female i.r.o male/female
any act that causes penetration to any extent whatsoever

Question 4

what does the complainant element of rape entail

Answer 4

SOA s1
the alleged victim (any person) of a sexual offence (no specific age/gender)

Question 5

what does the wrongfulness element of rape entail

Answer 5

can be committed by any person
defences include
consent:
defined in s1(2) as a “voluntary or uncoerced agreement”
s1(3) sets out circumstances in which some does not give voluntary/without coercion agree to sexual penetration
s57 presumption that children below 12 and mentally ill cannot give consent
s56(1) states that marital and other relationships is not a defence
official capacity

Question 6

what does the intent element of rape entail

Answer 6

dolus is required
dolus eventualis is sufficient
x must know/foresee that Y did not consent to the penetration