rape Flashcards
s1 sexual offences act 2003
RAPE
- 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
- Rape can only be committed by a man as it requires penetration
whats S74 SOA
so its consent
- as person consents if they agree by choice and has the freedom and capasity to make the choice
- you can never concent if you are under age of 13, have a mental disorder or be intoxicated
whats a statutory presumption
applies to s1-4 and they are defences that can be argued by the defence
there are two types evidential and conclusive
whats a evidential presumption - section
S75A SOA
- the nasty did the assault, the circs existed and the nasty knew they existed
therfore the court will make presumtion that the victim did not concent due to the existing circs
evidential circs list
found in S75 (2) SOA - 6
- use of fear or violence
-unlawful detention - unconsciousness
- inability to communicate from physcial disability
- substances are consensually administered that are capable of stupifying or overpowering
situation where it is presumed victim did not concsent - and who holds the burden
- so its for the defence to prove that these 6 situations did not apply same as the evidential circs list
- use violence immedatly before or at time
- they were unlawfully detained
- the person was unconscious
- physical diabilities they cannae communicate consent
- so the person administed substance without them knowing and it would stupify them
whats a conclusive presumtion
s76(2)
- so they did the act but if the circs existed then its got to be conclusively presumed that they did not consent and that the nasty did not believe that the victim consented
- 2 circs -
- the defendant intentionally decieved the complaiaint as to the nature or purpose of the relevant act
- the defendant intentionally induced the victim to the consent to the act by impersonating a person known personally to the complainant
S71 domestic abuse act 2021
- a person cannot consent to the infliction of serious harm and by extention is unable to consent to their own death.
it is not a defence that another person can consent to the srious harm for the purposes of obtaining sexual gratification - you cannae consent to GBH or murder through rough sex
whats S2 SOA
Assault by penetration
- a person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (b) with part of his body or anything else and penetration is sexual
- B doesnt consent to the penetration and a DOES NOT reasonably believe that B consents
- so it can be commited by either sex
- as the victim does not need to know what they were penetrated with, it can be used for children, learning difficulties or people who were blindfolded
S3 SOA
Sexual assault
- A person commits an offence if they intend to touch another person (B)
- The touching is sexual
- B doesnt consent to the touching and A doesnt reasonably believe that B consents
S4 SOA
Causing to engage in sexual activity without consent
-It is an offence for A to inentionally cause another person B to engage in sexual activity and
B doesnt consent and A doesnt reasonbly belive that B consents
S61 SOA
Adminitring substance with intent
- a person commits an offence if he intentionally administers a substance to or cause a substance to be taken by another person,
knowing the person does not consent with the intention of studifying or overpowering that perosn, so as to enable any person to engage in sexual activity that involves a person
name 4 sections of sexual offences
1- rape
2- assault by penetration
3- sexual assault by touching without consent
4 - causing another person to engage in sexual activity without consent
what are the stages of rape trauma and how many
3 stages
1st - acute stage, diminished alterness, days or weeks after rape
2nd - adjustment stage - they seem normal but have a sense of helplessness
3rd stage - renormalizing stage - recognising impactm shame and guilt removed,
38% of victims stop speaking to a police officer after first contact
whats a person cannot consent to the infliction of serious harm and by extention is unable to consent to their own death.
S71 domestic abuse act 2021