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
2
Q
Oluboja [1982]
A
driveway - v consented due to fear = no consent
3
Q
Morgan
A
3 men - S2.2 honest belief even if on unreasonable grounds = rapists charter
4
Q
McDonagh
A
S2.2 if consent issue should always be put to jury
5
Q
DPP v C O’R
A
If issue of fact need not put forward S2.2
6
Q
DPP v C
A
Consent vitiated due to fraud as to identity = thought bf
7
Q
Sherlock
A
Only consented to condom
8
Q
R v Dica
A
Hiv doesn’t vitiate consent - D liable for assault causing harm
9
Q
McNally
A
Consent as to sex with a male not female - vitiated = S4 rape w object held or manipulated
10
Q
A