Rape Flashcards
Rape section 1 sexual offences act 2003
Traible on indictment
Life imprisonment
A person commits the offence if
He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis
B does not consent to the penetration
A does not reasonably believe that B consents
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 consents
Consent
A person consents if they agree by choice and has the freedom and capacity to make that choice.
Any consent given must be ‘true’ consent not induced by fear or fraud. Therefor if they have no choice in the matter or not genuine exercise of free will then he/she has not consented to
Section 75 sexual offences act 2003
Evidential presumptions about consent
Section 75 go on to outline circumstances where it can be presumed that the person did not have the freedom or capacity to consent, and so neither consent nor a reasonable belief in consent could have existed.
Violence or the threat of violence was used during or immediately prior to the act
The complainant was unlawfully detained
The complainant was asleep or unconscious
Due to a physical disability, the complainant would have been unable to communicate their consent to the defendant
The complainant was, without their consent, administered with a substance capable of causing them to be ‘stupefied or overpowered
Section 76 sexual offences act 2003
Conclusive presumptions about consent
Section 76 sets out conclusive presumptions. If the prosecution shows that one of these circumstances was present, it has proven that consent and a reasonable belief in consent cannot have existed. The defendant cannot rebut the presumption. The circumstances listed in section 76 are where the defendant has intentionally:
Deceived the complainant as to the nature or purpose of the act
Induced the complainant to consent by impersonating someone the complainant knew personally I.e impersonating twin
Once it is proved beyond reasonable doubt that these circumstances existed then it is conclusive and the defendant cannot argue against them
