Rape Flashcards
Act
S1 sexual offences act
S75 sexual offences act
S1
• (1) A person
(A) commits an offence if-
• (a) he intentionally penetrates the vagina, anus or mouth of another person
(B) with his penis;
• (b) B does not consent to the penetration and
• (c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consesnts
Anal penetration
S142 criminal justice and public order act
Oral penetration
Sexual offences act s1
Transgender with surgically constructed organs
S79 sexual offenders act
Who can commit
Boys over age of 10
R v r
Marital exception abolished
Ar
D penetrates vagina anus or mouth with his penis without consent
D must have a penis (including surgically constructed genitalia)
V can be any gender
Hughes
Slightest degree of penetration
Mr
Intended to penetrate
Did not reasonably believe v consented
R v b
Claimed schizophrenic episode couldn’t lead ti consent. Appeal failed and wasn’t taken into account
Consent
Part of mr and Ar
Must not have consented
Must have no reasonable belief in consent
Conclusive presumptions
S76