Sexual Assault, Rape and Other Sexual Offences

Question 1

Main sections of the Sexual Offences Act 2003 for this flashcard pack.

Answer 1

Rape (s 1)

Assault by penetration (s 2)

Sexual assault (s 3)

Causing another person to engage in sexual activity without consent (s 4)

Question 2

For Sections 1-4, how old does the offender have to be to commit?

Answer 2

Aged 10 or over, and the victim can be of any age.

Question 3

The term sexual appears in ss 2, 3 and 4 as well as many of the child sex offences.

According to s 78 of the Sexual Offences Act 2003, when can an activity be ‘sexual’?

Answer 3

penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

Question 4

What questions must be addressed during the initial states of a sexual crime?

Answer 4

Asking identity of the person making the report (and for phone calls his/her location), the location and time of the incident, whether the person making the report is the victim of a third party, the nature of the incident, the location and identity of the suspect, and details of any known injuries.

Question 5

After initial questioning, what should victims later be provided with?

Answer 5

Information on rape crisis centres and local victims support organisations.

Question 6

Any decision to arrest the offender (or involve him/her in in any way in the investigation) should consider what?

Answer 6

The risk that this may present to the victim.

Question 7

What forensic requirements may be considered?

Answer 7

The use of evidence-recovery methods if appropriate.

Sexual assault victims should not smoke, eat, drink, wash or got to the toilet (unless absolutely necessary) until they have been forensically examiners the preservation of physical evidence is essential.

An Early Evidence Kit (EEK) can be used.

Question 8

What is an Early Evidence Kit (EEK)?

Answer 8

Used in initial response to secure revenant forensic evidence.

The kit usually contains a plastic container to collect urine samples, sheets of toilet paper, a mouth swab and a mouth rinse.

Question 9

How to approach reports made by third parties?

Answer 9

Report taker should try to establish in which capacity the third party is acting (e.g as a witness or a member of a victim support organisation).

Third party should be provided with the contact details of an investigating officer (IO) so that further information can be provided later.

Direct police contact with the victim should usually be avoided without knowledge of the third party.

Question 10

What section of the Sexual Offences Act 2003 defines consent.

Answer 10

Section 74

a person consents if he agrees by choice, and has the freedom and capacity to make that choice.

Question 11

The Sexual Offences Act 2003 introduced two sets of presumptions which courts can make in relation to the guilty knowledge of the defendant:

Answer 11

Evidential presumptions (s 75)

Conclusive presumptions (s 76)

Question 12

What is evidential presumption?

Answer 12

Section 75 lists the circumstances in which rebuttable evidential presumptions about the absence of consent apply (defence can provide evidence that victim did in fact consent).

If the defendant did the relevant act, as defined in section 77 (the sexual activity within sections 1-4), and the circumstances specified in subsection (2) exist and the defendant knew they existed, then the complainant is to be taken not to have consented.

Question 13

Under s 75 (evidential presumption) the court will presume that the victim did not consent if evidence presented in court proves that circumstances involved any of the following:

Answer 13

(a) any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;
(b) any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;
(c) the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
(d) the complainant was asleep or otherwise unconscious at the time of the relevant act;
(e) because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;
(f) any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

Question 14

What is conclusive presumption?

Answer 14

Covered in section 76 of the Sexual Offences Act 2003.

Covers circumstances in which the victim has been deceived, in which case no amount of evidence can prove that consent had been given.

The court will presume that the victim did not legally consent and that the defendant had no reasonable belief that consent had been given, if it proved in court that the defendant intentionally…

(a) the defendant intentionally deceived the complainant as to 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.

Question 15

Recent case law has made it clear that certain deceptions that fall outside s 76 can be dealt was a lack of consent under s 74.

These include deceptions concerning…

Answer 15

The gender of the perpetrator.

Whether a condom will be used.

Blackmail.

Where a person lies about his/her HIV status (would amount to GBH rather than rape).

….Could negate consent.

Question 16

Section 1 of the Sexual Offences Act 2003.

Rape

(1) A person (A) commits an offence if—

Answer 16

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.

Question 17

Section 1 of the Sexual Offences Act 2003.

Rape

Penalty

Answer 17

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Question 18

What are some important points to consider about penetration, which also apply for other sexual assaults:

Answer 18

The very slightest degree of penetration is still penetration.

Penetration is a continuing act from entry to withdrawal (if B changes her mind, and doesn’t withdraw = rape).

Includes surgically constructed parts.

Question 19

Section 2 of the Sexual Offences Act 2003.

Assault by penetration

(1)A person (A) commits an offence if—

Answer 19

(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.

Question 20

What is the penalty for penetrative sexual assault (s2)?

Answer 20

Can be life imprisonment, whereas prior to 2003 the max sentence was only 10 years.

Triable by indictment only.

Question 21

Section 3 of the Sexual Offences Act 2003.

Sexual Assault

(1) A person (A) commits an offence if—

Answer 21

(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

Question 22

What is the penalty for sexual assault (s3)?

Answer 22

Triable either way.

6 months imprisonment and/or a fine if tried summarily.

10 years imprisonment on indictment.

Question 23

Section 4 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent

(1) A person (A) commits an offence if—

Answer 23

(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.
e. g Man threatens to stab a woman if she doesn’t perform a sexual act in front of him.

Question 24

Section 4 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent

Aggravating factors?

Answer 24

Large age difference between offender and victim

General vulnerability of victim

Use of weapons to commit the offence

Question 25

What is the penalty for causing a person to engage in sexual activity without consent (s4)?

Answer 25

The penalty is 6 months imprisonment and/or a fine if tried summarily, and 10 years imprisonment on indictment.

Question 26

Section 4 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent

(4) A person guilty of an offence under this section, if the activity caused involved—

Answer 26

(a) penetration of B’s anus or vagina,
(b) penetration of B’s mouth with a person’s penis,
(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

Question 27

Section 69 of the Sexual Offences Act 2003.

Intercourse with an animal

A person commits an offence if— (Section 1)

Answer 27

(a) he intentionally performs an act of penetration with his penis,
(b) what is penetrated is the vagina or anus of a living animal, and
(c) he knows that, or is reckless as to whether, that is what is penetrated.

Question 28

Section 69 of the Sexual Offences Act 2003.

Intercourse with an animal

A person commits an offence if— (Section 2)

Answer 28

(a) A intentionally causes, or allows, A’s vagina or anus to be penetrated,
(b) the penetration is by the penis of a living animal, and
(c) A knows that, or is reckless as to whether, that is what A is being penetrated by.

Question 29

Section 69 of the Sexual Offences Act 2003.

Intercourse with an animal

A person guilty of an offence under this section is liable—

Answer 29

(a) On summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) On conviction on indictment, to imprisonment for a term not exceeding 2 years.

Question 30

As a first responder to a victim, you should be mindful of the current principles of rape and serious sexual assault investigation.

These state that we accept reports made by any victim as truthful in the first instance and every allegation will be investigated fully and thoroughly. After you have assessed any immediate risk, welfare or health issues (e.g. any injuries which require medical treatment immediately), it will be your job to take an initial account from the victim, where you must ask the following questions and record the answers verbatim:

Answer 30

What happened?
When did it happen?
Who did it/who is involved? (including description)
Where did it happen?
Who did you tell first?

It is important to record verbatim the victim’s answers to these questions as the initial account will form an important part of any prosecution case.

The first or early complainant is the first person the victim told about the rape after it happened. They can give evidence about early complaint from the victim, and therefore they provide hearsay evidence of the incident. It is your job to identify who the first complainant is

Question 31

Trespass with intent to commit a sexual offence (Section 63 SOA 2003)

A person commits this offence if:

Answer 31

They are a trespasser on any premises
They intend to commit a relevant sexual offence on the premises and
They know that, or are reckless as to whether, they are a trespasser.

Question 32

Voyeurism (Section 67 (and S68) SOA 2003)

A person commits this offence if:

Answer 32

1. for the purpose of obtaining sexual gratification
2. they observe another person doing a private act, and
3. they know that the other person does not consent to being observed for the purpose of sexual gratification

Question 33

Sexual Activity in a Public Lavatory (Section 71 SOA 2003)

A person commits this offence if:

Answer 33

1. they are in a lavatory to which the public have access
2. they intentionally engage in the activity, and
3. the activity is sexual

No one needs to witness the activity and no one needs to be distressed by the activity

Question 34

Exposure (Section 66 SOA 2003)

A person commits this offence if:

Answer 34

1. they intentionally expose their genitals
2. they intend that someone will see them and be caused alarm or distress

• No one needs to actually see the genitals
• No one actually needs to be alarmed or distressed
• It can be committed in a public or private place
• Again, this is a matter of intent. Exposure would not include someone streaking at a football match with the intent of amusing the crowd, because the intention to cause alarm or distress is not present.

Question 35

Outraging Public Decency (Common Law)

A person commits this offence if they:

Answer 35

1. perform an act of lewd, obscene and disgusting nature and outrage public decency
2. in a public place
3. where at least two members of public could have viewed it.

• If the act is not considered lewd, obscene or disgusting, the offence has not been committed regardless of the person’s intention.
• No one actually needs to be disgusted/outraged, the test is objective based on whether a reasonable person would be disgusted.
• For this offence, police officers are included as members of the public.
• The offence must occur where there is a real possibility that at least two members of the public could see it, i.e. there must be at least two people present who could have viewed it.
• Public place is given a wide meaning in this offence; it would include a private balcony that the public could see, or a place where the public could access whether they are allowed to or not.