RAPE AND ASSAULT BY PENETRATION Flashcards
Define S1, SOA 2003.
S1, SOA 2003 - RAPE:
A person (A) commits rape if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis and
‘B’ does not consent to the penetration and ‘A’
does not reasonably believe that ‘B’ consents
Describe, ‘consent’ as defined by S74,75 and 76 of the SOA 2003.
“ …a person consents if he/she agrees by choice,
and has the freedom and capacity to make that
choice”
Define S2, SOA 2003.
Assault by penetration:
A person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else & the penetration is sexual,
‘B’ does not consent to the penetration &
‘A’ does not reasonably believe that ‘B’ consents
Define S3, SOA 2003
Sexual Assault:
A person (A) commits an offence if they intentionally touch another person (B),
The touching is sexual,
(B) Does not consent to the touching &
(A) Does not reasonable believe that (B) consents
Define S4, 2 SOA 2003
Engaging in sexual activity without consent:
It is an offence for (A) to intentionally cause another
person (B) to engage in sexual activity &
(B) does not consent, &
(A) does not reasonably believe that (B) consents.
Define S61 SOA 2003
Administering a substance without consent:
A person commits an offence if he:
Intentionally administers a substance to, or cause
a substance to be taken by another person
(a) Knowing that the person does not consent
(b) With the intention of stupefying or overpowering that person, so as to enable any person to engage in a sexual activity that involves that person
Describe how a victim of sexual crime may react.
Defensive Responses to Fear / Threat – The Five F’s:
Active Responses:
- Friend - is the earliest defensive strategy available to us. At birth the human infant’s amygdala is operational (Cozolino, 2002), and they utilize their cry in order to bring a caregiver to them. The non-mobile baby has to rely upon calling a protector to its aid, in the same way that the terrified adult screams in the hope that rescue will come.
- Fight - as a survival strategy, is fairly self explanatory. The threatened individual may respond with overt aggression or more subtle ‘fight behaviours’, for example saying “no”.
- Flight - Flight is any means the individual uses to put space between themselves and the threat. It may involve sprinting away from the perceived danger, but is more likely exhibited as backing away or, particularly in children, as hiding.
Passive Defences:
-
Freeze - When the amygdala deems that friend, fight or flight are not likely to be successful it will elicit a freeze response. Levine points out that immobility has several advantages to mammals when threatened by a predator, namely: that the predator has less chance of detecting immobile prey; that many predatory animals will not eat meat that they consider to be dead; and that if the predator does kill, the
freeze mechanism provides a natural analgesic (Levine, 1997). -
Flop - occurs if, and when, the freeze mechanism fails. The moment the threat increases, despite freeze having intended to put an end to the situation, the amygdala will trigger the ANS to swing from predominantly sympathetic activation to
parasympathetic activation (Rothschild, 2000). The body will shift from a position of catatonic musculature tension (as is observed in ‘freeze’) to a ‘floppy’ state, whereby muscle tension is lost and both body and mind become malleable (hippocampal and
cortical functioning will very likely be severely impaired at this point).
Summarise Rape Trauma Syndrome.
The stages of rape trauma syndrome:
Acute Stage:
Diminished alertness, numbness, h ysteria,bewilderment, calmness, collectedness, obsession to wash, pronounced internal tremor, paralysing anxiety
Adjustment Stage:
Continuing anxiety, sense of helplessness, persistent
fear, depression, mood swings, vivid dreams, nightmares, insomnia, wastefulness, flashbacks, loss of concentration
Renormalisation Stage:
Recognising impact, sexual assault no longer central focus of their lives, negative feelings of guilt & shame resolved
Identify initial actions to be taken at the scene of sexual crime including the needs of the victim.
Initial actions at the scene :
- Preservation of Life
- Preservation of Scene
- Securing Evidence (including forensic evidence)
- Identifying Victim(s) & Witnesses
- Identifying Suspects
Needs of the Victim:
- Encouragement to report supported by a belief that
they will be believed/ heard/ understood - Support that they did the right thing – to overcome
feelings of powerlessness/ vulnerability/ low self esteem - Support with regard to help available to assist victim to regain control. E.g, counselling/ medical care/ agencies
- Consider appropriate time to deliver information as it may not be absorbed or retained
State how complaints of sexual offences are protected by legislation.
The acts that protect the complaints:
Section 1,2,3 and 5 of the Sexual Offences Amendment Act 1992
The anonymity of complaints:
The information which cannot be published under this act is:
- The person’s name
- The person’s address
- The identity of any school or other educational establishment attended by the person
- The identity of any place of work
- Any still or moving picture of the person
Explain the term Intentionally
Mens Rea (motivated solely to provide sexual pleasure and not injury)
Explain the term Penetration
is a continuing act from entry to withdrawal.
Explain the term Part of the body
References to a part of the body. Include references to a part surgically constructed (in particular, through gender reassignment surgery).
Explain the term Vagina
Vagina - includes vulva .
Explain the term sexual
Penetration, touching or any other activity is sexual if a reasonable person would consider that:
(a) Whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) Because of its nature it may be sexual depending on the circumstances or the intention of any person in relation to it (or both) it is sexual
Paragraph (a) covers activity that the reasonable person would always consider to be
sexual because of its nature, such as sexual intercourse, oral sex, masturbation.
Paragraph (b) covers activity that the reasonable person would consider, because of its nature, may or may not be sexual depending on the circumstances or the intentions of the person carrying it out, or both: for example, digital penetration of the
vagina may be sexual or may be carried out for a medical reason.
