Rape Flashcards

1
Q

Legislation = Rape - S4 rape - consent

A

S2 Criminal Law [Rape] Act 1981 [Rape] - S4 CLA 1990 Act - CONSENT =CLA S48 [Sexual Offences] 2017 + S9 1990

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2
Q

Oluboja [1982]

A

driveway - v consented due to fear = no consent

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3
Q

Morgan

A

3 men - S2.2 honest belief even if on unreasonable grounds = rapists charter

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4
Q

McDonagh

A

S2.2 if consent issue should always be put to jury

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5
Q

DPP v C O’R

A

If issue of fact need not put forward S2.2

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6
Q

DPP v C

A

Consent vitiated due to fraud as to identity = thought bf

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7
Q

Sherlock

A

Only consented to condom

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8
Q

R v Dica

A

Hiv doesn’t vitiate consent - D liable for assault causing harm

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9
Q

McNally

A

Consent as to sex with a male not female - vitiated = S4 rape w object held or manipulated

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10
Q
A
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