Rape and Assault by Penetration

Question 1

Define Section 1 Sexual Offences Act 2003

Answer 1

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

Question 2

What are the two statutory presumptions which exist?

Answer 2

• Evidential - can be argued by the defence
• Conclusive - Conclusive fact

Question 3

Define Section 75(A) Sexual Offences Act 2003

Answer 3

Evidential Presumptions about Consent

If it is proved in court that:
1. The defendant did the sexual assault
2. Any of the specified circumstances existed
3. The defendant knew any of the circumstances existed

Then the court will make the presumption that the victim did not consent.

Question 4

Define Section 75(B) Sexual Offences Act 2003

Answer 4

Evidential Presumptions about Consent (circumstances)

The circumstances are:

• Use of fear or violence
• Unlawful detention
• Unconsciousness
• Inability to communicate from physical disability
• Substances non consensually administered that are capable of stupefying or overpowering

Question 5

Define Section 76 (1) Sexual Offences Act 2003

Answer 5

Conclusive Presumption about consent

The defendant did the relevant act and that any of the specified circumstance existed, it is to be conclusively presumed

a) That the complainant did not consent to the relevant act and
b) The defendant did not believe that the complainant consented to the relevant act

Question 6

Define Section 76 (2) Sexual Offences Act 2003

Answer 6

Conclusive Presumption about Consent (circumstances)

The circumstances are that:
a) The defendant intentionally deceived the complainant as to the nature or purpose of the relevant act
b) The defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant

Question 7

Define Section 2 Sexual Offences Act 2003

Answer 7

Assault by Penetration

A person (A) commits an offence if he or she intentionally penetrated the vagina or anus of another person (B) with part of his body or anything else and the penetration is sexual,
‘B’ does not consent to the penetration and ‘A’ does not reasonably believe that ‘B’ consents

Question 8

Define ‘Sexual’

Answer 8

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) its sexual

Question 9

Define Section 3 Sexual Offences Act 2003

Answer 9

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 and (A) does not reasonably believe that (B) consents

Question 10

Define Section 4 Sexual Offences Act 2003

Answer 10

Causing a Person to Engage in Sexual Activity without Consent

It is an offence for (A) to intentionally cause another person (B) to engage in sexual activity and (B) does not consent, and (A) does not reasonably believe that (B) consents

Question 11

Define Section 61 Sexual Offences Act 2003

Answer 11

Administering a Substance with Intent

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

Question 12

What will you initial actions at scene be for a sexual offence?

Answer 12

• Preservation of life
• Preservation of scene
• Securing evidence (including forensic evidence)
• Identifying Victim(s) and witnesses
• Identifying suspects

Question 13

What are the needs of victims of sexual offences?

Answer 13

• 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 retrained

Question 14

What are the stages of Rape Trauma?

Answer 14

1. Acute Stage
2. Adjustment Stage
3. Renormalisation Stage