Sexual Assault

Question 1

Definition + Section

Answer 1

S2 CLA [Rape] 1990 Act - assault of indecent nature - indecent by right minded person view
Sentence = 10 years
S3 = Aggravated = LIFE

Question 2

Whipp

Answer 2

showed V penis + invite to touch = not SA [child different]

Question 3

Tobassum

Answer 3

Fraud as to purpose of act - breast survey

Question 4

CC v Ireland

Answer 4

D 15 : V near 14 - Had reasonable belief that V was 15
SL offence of serious nature = unconstitutional under Art 38.1
Held S1.1 of the 1935 Act was unconstitutional
CLA 2006 enacted 10 days later
S2 U15 - S2[3] Honest & Reasonable Belief that V was 15
S3 U17:
Defences only apply to S3 U17 Reasonable mistake - D younger/2yrs/Not in Authority/not in relationship that intimidatory/exploitative

S5= Female U17 cannot be guilty for intercourse

Question 5

Indecent Exposure

Answer 5

S45 of CLA [Sexual Offences] 2017

Question 6

Activity w Protected Person

Answer 6

S22 - w knowledge they are such a person
2017 ACT

Question 7

Turner

Answer 7

Words not SA

Question 8

George

Answer 8

Feet = not indecent - assault becomes indecent when circumstances of indecency

Question 9

Bernier

Answer 9

Touched patients breast/testicles
D motivation doesn’t matter