Rape

Question 1

R v EB

Answer 1

Non-disclosure of HIV status will not give rise to liability for rape under S.74 or S.76

Question 2

Sexual Offences Act 2003 S.74

Answer 2

S.74

A person consents if she agrees by choice, and has the freedom and capacity to make that choice.

Question 3

Sexual Offences Act 2003 S.75

Answer 3

S.75
Evidential presumptions about consent:
a) D used violence on C (immediately before or at time of the act)
b) Caused C to fear violence used against another
c) C was asleep or unconscious at time of act

Question 4

Sexual Offences Act 2003 S.76

Answer 4

S.76
Negated consent through fraud:
a) Deceived C about “the nature of purpose of the relevant act”
b) Intentionally impersonated persons known personally to C

Question 5

R v Konzani

Answer 5

Unprotected intercourse with three complainants without informing them of his condition.
GBH under S.20 of OAPA, NOT RAPE.

Question 6

Assange v Swedish Judicial Authority [2011]

Answer 6

D making a positive lie about health status may give rise to liability under s.74 of Sexual Offences Act 2003. Requirement that condom was used= a lie.

Question 7

Olugboja [1981]

Answer 7

Issue of consent should be left to the jury, consent is to be given its ordinary meaning and there is a difference between consent and submission.

Question 8

R v Lang [1976]

Answer 8

No special rule applicable to drink and rape. Issue one simply of whether C understood the situation and was able to make up mind.

Question 9

R v Kaitamaki [1985]

Answer 9

Sexual intercourse is a continuing act and so consent can be withdrawn at any time so an offence will have been committed.

Question 10

R v R [1991]

Answer 10

House of Lords determined that it is possible for a husband to rape his wife.

Question 11

R v McNally [2013]

Answer 11

Pretended to be a boy. Active deception.