rape

Question 1

what is the AR of rape

Answer 1

penetration of the vagina, anus or mouth to another person with his penis and without their consent.

Question 2

What is the MR of rape

Answer 2

intentionally penetrates
D does not reasonably believe V consented.

Question 3

What section is rape set out in

Answer 3

Sexual offences act 2003

Question 4

what are the 3 sections of consent in the SOA 2003?

Answer 4

S.74 = general consent
S.75 = evidential presumptions
S.76 = conclusive presumptions

Question 5

what is section 74

Answer 5

does the V have freedom and full capacity to give full consent?

Age of v
Mental disorder

Question 6

what is section 75

Answer 6

consent is presumed not be given if:

1. there was violence towards that person or identified person
2. V was asleep
3. physical disability stopping them from communicating
4. stupefied substance

Question 7

what is section 76

Answer 7

D performs the AR while intentionally deceiving the nature or purpose of the act or impersonation

Question 8

what is deception of nature with a case

Answer 8

V didn’t know it was sexual intercourse (Flattery)

Question 9

what is deception of purpose with a case

Answer 9

Case of Devonald: catfished daughters ex boyfriend made him masturbate on camera and posted it.