Rape And sexual Assault

Question 0

Definition of rape

Answer 0

S1 sexual offences act 2003

‘It is an offence for a person (A) intentionally to penetrate with his Penis the vagina, anus or mouth of another person (B) without the person’s consent if A does not reasonably believe that B consents’

This includes surgically reconstructed genitalia

Question 1

Definition of consent under S74 Sexual Offences Act 2003

Answer 1

‘A person consents if he agrees by choice, and has the freedom and capacity to make that choice’

Note: A child under 13 lacks the capacity to consent. A person may not have the capacity to consent due to mental ill health. A person may not have the freedom to consent as they are forced by violence or threat of violence.

Question 2

S2 sexual offences act 2003 - assault by penetration

Answer 2

S2 makes it an offence if;

• A person (A) 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 and
• A does not reasonably believe that B consents.

Note: S2 does not include penetration of the mouth