Rape, Assault by Penetration + Consent Flashcards
What is a Myth?
Commonly held belief, idea or explanation that is not true. Ar-rises from peoples needs to make sense of acts that are senseless, violent.
Arise from and reinforce prejudices and stereotypes.
Summarise x3 myths around Rape.
- Rape occurs between strangers in dark alleys.
Implications - Implies home is a safe space. Implies rape can be avoided by avoiding certain areas. Blames victim.
Facts - Majority of rapes are committed by persons known to victim. Victims are often raped in their homes. Date or acquaintance rapes are very common.
-Women provoke rape by the way they dress.
Implications - Attempts to excuse rape and blame victim. Assumes woman who draws attention is asking for rape. Re-victimises and stigmatises the victim.
Facts - Consent can not be implied by flirtatious behaviour/the way victim dresses. Only the rapist is responsible for the rape.
-Women who consume alcohol or drugs are asking to be raped.
Implications - Blames victim. Attempts to excuse the rape. Re-victimises and stigmatises the victim.
Facts - Women have same right to consume alcohol as men. Being vulnerable does not imply consent. Capacity questioned when under influence.
Define Section 1 Sexual Offences Act 2003
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.
Define Section 74 Sexual Offences Act 2003
A person consents if he/she agrees by choice, and has the freedom and capacity to make that choice.
Describe “Consent”.
- A person consents if he/she agrees by choice, and has the freedom and capacity to make that choice.
- Capacity = Understanding and Age, ability to decide and be able to communicate their decision.
-Freedom = Not constrained in any way - A child under 13 lacks capacity to consent
-Definition of consent is designed to help courts decide whether complainant was able to and did give consent. - Consent can not be made under duress or through fear of violence.
- ## If person unable to refuse through mental disorder or intoxication they do not have capacity to consent.
What constitutes as “sexual”?
Penetration, touching, or any other activity is sexual if a reasonable person would consider that
A - Whatever its circumstances or any persons purpose in relation to it is because of a sexual nature (intercourse, masturbation, oral etc) OR
B - Because of it’s nature it may be sexual depending on the circumstances or the intention of any person in relation to it is sexual (i,e digital penetration of vagina for medical purposes or sexual)
What are the x2 Statutory Presumptions when establishing consent?
Evidential - Can be argued by the defence
Conclusive - Conclusive Fact
Explain Evidential Presumption about Consent S75(a) SOA 2003
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
= The court will make the presumption that the victim did not consent.
The circumstances are (immediately before or at the time of):
Use of fear/violence
Unlawful detention
Unconsciousness
Inability to communicate through physical disability
Substances non-consensually administered that stupefy/overpower
Explain Conclusive Presumptions about Consent S76 (1) SOA 2003 (CAN NOT BE REBUTTED BY THE DEFENDANT)
If it is proved that:
The defendant did the relevant act and any of the specified circumstances existed, it is likely to be conclusively presumed that
A - The complainant did not consent to the relevant act
B - The defendant did not believe that the complainant consented to the relevant act
The circumstances are that =
A - The defendant intentionally deceived the complainant as the 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.
Explain Reasonable Belief
Define Section 2 Sexual Offences Act 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 and the penetration is sexual AND (B) does not consent to the penetration AND (A) does not reasonably believe that (B) consents.
Define Section 3 Sexual Offences Act 2003
A person (A) commits an offence if they intentionally touch another person (B) and
- The touching is sexual
- (B) does not consent to the touching
- (A) does not reasonably believe that (B) consents
Define Section 4 Sexual Offences Act 2003
It is an offence for (A) to to intentionally cause another (B) to engage in sexual activity and
B does not consent
+
A does not reasonably believe that B consents
State the offence of “Administering a substance without consent.” (S61 SOA 2003)
A person commits an offence if he -
Intentionally administers a substance to, or cause a substance to be taken by another person
- Knowing that the person does not consent
- With the intention of stupify or overpower that person, so as to enable any person to engage in sexual activity that involves that person
Identify initial actions to be taken at the scene of sexual crime including the needs of the victim.
Preserve Life
-Victims needs
-Shock
-Medical Assistance
- Forensics, DNA, Transfer
- Washing, eating, drinking
- First account in EPNB
- Records victims demeanour
Preserve Scene
- Identify scene
- Cordon
- Assess scene
- Weather conditions
Secure evidence including forensic
- EEK
-Preserve forensic evidence
Identify victim + witnesses
- Victim/Witness spoken to any one
-Brief account from witness
- Victims demeanour
Identify suspect
- Obtain details
- Description from victim/witness
- Will be disclosed to defence
Contact supervisor immediately
Circulate details to radio
Arrest - consider cross contamination
