Rape

Question 1

Main Legislation for Rape:

Answer 1

Sexual Offences Act 2003

Question 2

Definition of Rape:

Answer 2

Person commits an offence if he intentionally penetrates the vagina, mouth or anus of another with his penis.
S1 SOA 2003

Question 3

Actus Reus of Rape:

Answer 3

• Penetration of the vagina, anus or mouth with penis.

- Lack of consent by victim

Question 4

Can women be convicted of Rape?

Answer 4

Yes, but only as secondaries.

DPP v K and C: women can procure rape.

Question 5

Oral rape just as serious as anal or vaginal.

Answer 5

R v Ismail

Question 6

Penetration is a continuing act:

Answer 6

Kaitomaki v The Queen: Became aware that V had not consented but carried on.

Question 7

Consent:

Answer 7

• No statutory definition.

Question 8

S74 of SOA on Consent:

Answer 8

Person consents if he/she agrees by choice and has freedom and capacity to make that choice.

Question 9

key case on Capacity:

Answer 9

R v Cooper.

Question 10

R v Cooper on capacity:

Answer 10

• Person must be ABLE to understand the information relevant to making it.
• Person must be ABLE to weigh info in the balance to arrive at a choice.

Question 11

Drunken consent:

Answer 11

Still consent. R v Bree

Question 12

6 evidential presumptions about consent:

Answer 12

S75 SOA 2003:

1. Any person using violence/ causing complainant to fear immediate violence.
2. Any person causing complainant to fear that violence would be used on another.
3. Complainant was unlawfully detained .
4. Complainant was asleep.
5. Complainants physical disability prevented him/her from consenting.
6. Complainant was drugged.

Question 13

What happens if D cannot rebut S75 of SOA?

Answer 13

• Complainant taken to have not consented.

- D to be taken to not have reasonably believed that complainant consented.

Question 14

2 irrefutable presumptions:

Answer 14

• The issue of whether complainant consented. Because it will be taken that they did not.
• The issue of whether D believed that complainant consented.

Question 15

3. Complainant was unlawfully detained .

Answer 15

R v B

Question 16

4. Complainant was asleep.

Answer 16

Blacklock

Question 17

6. Complainant was drugged.

Answer 17

Abbess [1813]: If stupification was voluntary, presumption does not apply.

Question 18

Deception as to nature and purpose of act, S76 (2) (a):

Answer 18

R v Williams.

Question 19

Problem question plan for consent:

Answer 19

S76 - does it apply?
S75 - does it apply?
S74 - if neither apply

Question 20

Mens Rea of Rape

Answer 20

• Intention to penetrate Vs Vagina, Anus or mouth.

- Lack of reasonable belief that V consented.

Question 21

Intention to penetrate:

Answer 21

Direct/oblique.

Question 22

Key case for lack of reasonable belief that V consented:

Answer 22

DPP v Morgan.

Question 23

DPP v Morgan:

Answer 23

Man cannot be convicted of rape if he believed V was consenting. Even if belief was unreasonable.
This was pre SOA 2003

Question 24

Test for lack of reasonable belief that V consented?

Answer 24

R v B, R v Taran (Farid)

Jury only directed to reasonable belief when there is evidence that:

a). Complainant did not consent BUT D thought she was consenting.

Question 25

R v Wiliams

Answer 25

Victim was tricked into thinking sex was a vocal exercise.