Rape Flashcards
what is rape ruled under
S1 Sexual Offences Act 2003
actus reus of rape
- A penetrates the vagina, anus, or mouth of B with A’s penis.
- B does not consent to the penetration.
mens rea for rape
- intention to penetrate
- lack of reasonable belief in B’s consent
what is the continuing act
s79(2) the penetration continuing act where consent can be withdrawn during sex
proof of intention
must be oblique or direct
what is the case for direct intention
R v Moloney [1985]
what is the case for oblique intent
R v Woolin [1999]
what section is consent ruled under
S74
what is the rule under S74
‘agrees by choice, and has the freedom and capacity to make that choice’
R v Bree [2007]
Case for intoxication.
D went to visit her brother at Uni and they both drank lots of alcohol and her next memory was her having sex with D. She didn’t say no but didn’t consent however D said that he reasonably believed that she was consenting.
what is conditional consent
situations where B makes it clear that their consent is conditional on A doing something for example using contraception
Julian Assange v Sweden [2011]
D went to Sweden raped a young girl, V consented to the use of condom sex and D did not comply. It was held that it would negate consent in England and Wales.
R v Lawrence [2020]
D lied about having a vasectomy, so V agreed to have unprotected sex with him. She later discovered he lied and became pregnant. He was convicted of rape as she didn’t consent.
what is S76
irrebuttable presumptions
what is an irrebuttable presumption
they cannot be rebutted and aren’t really presumptions at all
what are the circumstances of an irrebuttable presumption
s76(2)(a): the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act
s76(2)(b): the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
R v Williams [1923]
told his student that he could improve her singing by having sexual intercourse which was fraud that she couldn’t consent to
Linekar [1995]
D hired a prostitute and didn’t pay her but his appeal was allowed and he wasn’t convicted of rape.
R v Elbekkay [1995]
D went for drinks with V and her boyfriend and he later climbed into her bed and thought that it was her boyfriend. She then realised and then cut him with a knife and was convicted with rape.
what is s75
rebuttable presumptions
what is the rebuttable presumption
it creates the presumption that if triggered it must be rebutted or it will be presumed that there was no consent
what is the a) circumstance rebuttable presumptions
a) any person that was at the time of the relevant act or immediately before it began using violence against the complainant or causing the complainant to fear that immediate violence would be used against him
what is the b) circumstance for rebuttable presumptions
b) any person that was at the time of the relevant act or immediately before it began causing the complainant to fear that violence was being used, or that immediate violence would be used against another person
what is the c) circumstance for rebuttable presumptions
c)any person that was at the time of the relevant act or immediately before it began the complainant was and the defendant was not unlawfully detained at the time of the relevant act
what is the d) circumstance for rebuttable presumptions
d) was asleep or otherwise unconscious at the time of the relevant act
what is the e) circumstance for rebuttable presumptions
e) because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented
what is the f) circumstance for rebuttable presumptions
f) any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act
R v Lewis Mba [2012]
there was no belief of consent from either part so he was convicted of rape
R v Larter and Castleton [1995]
raped a 14 year old girl while she was asleep and it was proven there was no consent
what is S1(c)
sets out the mens rea for rape that A doesn’t reasonably believe that B consents
what is the martial rape exception
meant husbands could not legally rape their wives as there was assumed consent in marriage
what did R v R [1991] overrule
martial rape
