Rape Flashcards
When should S.74 be applied?
Where ss75 and 76 do not apply
What are the common recurring concepts in the Sexual Offences Act 2003?
Consent
Evidential Presumptions
Conclusive presumptions
Sexual
When does a person consent?
A person consents if he agrees by choice and has the freedom and capacity to make that choice
What is the actus reus of a sexual offence
That the victim did not consent to the sexual activity
What is the mens rea of a sexual offence?
The defendant did not reasonably believe that the victim consented to the sexual activity
What are evidential presumptions?
Circumstances where consent is presumed to be invalid
What are conclusive presumptions?
Where consent is automatically deemed to be invalid
What are order should you approach actus reus in the SOA 2003?
Backwards. 76,75,74
Who can commit rape?
A male or a post operative transsexual
What is penetration?
Penetration continues until withdrawal
When can consent be withdrawn?
At any time during the sexual act
How many mens rea elements are there for rape?
- D intends to penetrate
D sues not reasonably believe that v consents
What is the maximum sentence for assault by penetration? What does this suggest
Life imprisonment
That is regarded equally as serious as rape
What is in the actus reus and the mens rea of all sexual offences?
Consent
What is prima facie?
Based on the first impression; accepted as correct until proved otherwise
