SA

Question 1

Assault by penetration

Answer 1

S2 SOA 2003

Question 2

Assault by penetration level of offence

Answer 2

Indictable

Question 3

Assault by penetration definition

Answer 3

D commits an offence if he intentionally penetrates the vagina or anus of V with a part of his body or anything else, the penetration is sexual and V does not consent and D does not reasonably believe that V consents.
Penetration can be with anything.
Does not include the mouth unlike rape.
Penetration must be sexual.

Question 4

Sexual

Answer 4

S78 SOA 2003
Penetration is sexual if a reasonable person would consider that-
Whatever the circumstances, it is sexual by its very nature (e.g. masturbating), or
Because of its nature it may be sexual, and because of its circumstances, it is sexual (e.g. examining someone’s genitals could be sexual or could not like if done for medical reasons)
Objective test
This would exclude more unusual fetishes

Question 5

Sexual assault

Answer 5

S3 SOA 2003

Question 5

Sexual assault

Question 6

Sexual assault level of offence

Answer 6

Either way

Question 7

Sexual assault definition

Answer 7

D commits an offence if he intentionally touches V, the touching is sexual and V does not consent to the touching and D does not reasonably believe that V consents.

Question 8

Touching

Answer 8

Includes touching with any part of the body, with anything else and through anything.
Includes touching clothing.
Touching must be intentional.
Lightest touch will suffice.
Does not need to be touching a sexual organ but must be capable of being sexual in nature.
V does not need to be aware of the touching (could be ejaculating onto Vs clothing).

Question 9

Causing sexual activity without consent

Answer 9

S4 SOA 2003

Question 10

Causing sexual activity without consent level of offence

Answer 10

If it involves penetration by body part - indictable

Otherwise - either way

Question 11

Causing sexual activity without consent definition

Answer 11

D commits an offence if he intentionally causes V to engage in an activity, the activity is sexual and V does not consent to engaging in the activity and D does not reasonably believe that V consents.
Does not matter if D also engages in it or was present when it occured.

Question 12

Causing sexual activity without consent examples

Answer 12

Woman makes a man penetrate her
Man forced someone to masturbate him
D made a second person masturbate a third person or even an animal

Question 13

Sexual offences against children under 13

Answer 13

Offences in s1-4 are mirrored by s5-8 for victims who are children under 13.
No issues of consent arise here as a child under 13 cannot consent.

Question 14

Rape - victim u13

Answer 14

S5 SOA 2003

Indictable

Question 15

Assault by penetration - victim u13

Answer 15

S6 SOA 2003

Indictable

Question 16

Sexual assault - victim u13

Answer 16

S7 SOA 2003

Either way

Question 17

Causing sexual activity - victim u13

Answer 17

S8 SOA 2003
Either way
2 offences-
Intentionally causing
Intentionally inciting
A child under 13 to engage in sexual activity
Does not matter if the activity D encourages actually took place or not