Rape

Question 1

Bree

Answer 1

Have to be extremely drunk to have capacity taken away

Question 2

Assange v Swedish prosecution authority

Answer 2

Removed condom. Removes her freedom of choice s 74

Question 3

Wellard

Answer 3

Pose as security guard

Question 4

Jheeta

Answer 4

Text from police

Question 5

Kirk

Answer 5

Said to pay £3.25. Capacity of choice taken away by her hunger.

Question 6

Part 3 of determining vs non consent

Answer 6

S 74

‘Loss of freedom and capacity to make a choice’

Question 7

Part 1 of determining vs non consent

Answer 7

S 76
Conclusive presumption
Deception as to nature or purpose of act.
Impersonate someone known personally to V

Question 8

Flattery

Answer 8

Cure her fits

Question 9

Williams

Answer 9

Better singing voice

Question 10

R v B

Answer 10

Didn’t mention HIV positive. Omission. Not rape.

Question 11

R v DPP

Answer 11

Asked not to ejaculate in her. Doesn’t affect nature or purpose of act.

Question 12

R v Linekar

Answer 12

Promised to pay £25 but drove off. Undermined her purpose of sex work.

Question 13

Bingham

Answer 13

Multiple purposes. If V is aware of one, not rape.

Question 14

Actus Reus

Answer 14

Penile penetration

Anus, mouth or vagina

Question 15

R v R

Answer 15

Abolished martial rape exemption

Question 16

R v Kaitamaki

Answer 16

Revoke consent, must withdraw

Question 17

Rape by mouth introduced in 2003

Answer 17

Fair labelling?

Question 18

R v Ismail

Answer 18

Sentencing same if vagina, mouth or anus.

Question 19

Part 2 of determining vs non consent

Answer 19

Rebuttable presumption
S 75
Violence or fear of violence

Question 20

Dagnal

Answer 20

Grabbed her and said he was going to rape her first

Question 21

Ireland: Butstow

Answer 21

Gun held to head

Question 22

Lartner

Answer 22

Unconsciousness does not need a cause