SEX OFFENCES

Question 1

Act which sexual offence laws come under

Answer 1

Sexual Offences Act 2003 (SOA)

Question 2

S.1

Answer 2

Rape

Question 3

What is Rape?

Answer 3

A person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis.
B does not consent to the penetration, A does not reasonably believe that B consents

Question 4

Actus Reus and Mens Rea of Rape

Answer 4

Actus Reus - defendant penetrated v, a or m with penis and victim did not consent

Mens Rea - Defendant intended to penetrate victim and did not reasonably believe that victim consented.

Question 5

S.2

Answer 5

Sexual Assault by penetration (excludes mouth)

Question 6

What is Sexual Assault by penetration

Answer 6

Person (A) commits an offence if:
- intentionally penetrates anus or vagina of another (B) with part of body or anything else
- penetration is sexual
- A does not reasonably believe that B consents

Question 7

Actus Reus and Mens Rea of Sexual Assault by penetration

Answer 7

AR - defendant penetrates vagina or anus of victim sexually and victim does not consent

MR - defendant intends to penetrate the victim and does not have reasonable belief in consent

Question 8

S.3

Answer 8

Sexual Assault (touching of a sexual nature)

Question 9

What is Sexual Assault (touching of a sexual nature)

Answer 9

Person (A) commits an offence if they
1) intentionally touch another person (B)
2) touching is sexual
3) B does not consent to the touching, and
4) A does not reasonably believe that B consents

Question 10

Actus Reus and Mens Rea of Sexual Assault (touching of a sexual nature)

Answer 10

AR - defendant touches the victim sexually and the victim does not consent to the touching

MR - defendant intends to touch victim and does not reasonably believe that the victim consents

Question 11

Sexual Assault Case examples

Answer 11

R v H (2005) - touching through clothing can be sexual assault. Did the jury, as 12 reasonable persons (a) consider that the touching could be sexual and (b) consider that the purpose of the touching had been sexual.

R v Court (1989)
R v George (1956)

Question 12

S.4

Answer 12

Causing sexual activity without consent

Question 13

What is Causing sexual activity without consent

Answer 13

person (A) commits an offence if

1) He intentionally causes another person (B) to engage in an activity
The activity is sexual
2) B does not consent to engaging in the activity, and
3) A does not reasonably believe that B consents

Question 14

Causing sexual activity without consent case examples

Answer 14

R v Devonald (2008)
R v Grout (2011)

Question 15

Child sex offences (s.5,s.6,s.7,s.8)

Answer 15

s.5 - Rape of a child under 13
s.6 - Assault of a child under 13 by penetration
s.7 - sexual assault of a child under 13
s.8 - causing or inciting a child under 13 to engage in a sexual activity

Question 16

age of consent

Answer 16

children under 13 cannot consent

Question 17

examples of child sex offences

Answer 17

R v G (2008) reasonable belief child was over 13 irrelevant

R v Jones (2007)

Question 18

Positive consent

Answer 18

Complainant agrees by choice + has freedom to & capacity to make that choice

Question 19

evidential presumptions

Answer 19

e.g. Unconsciousness, threats, drugs

Question 20

Conclusive presumptions

Answer 20

e.g. Deception as to identity/act