Sexual Crimes Flashcards
How did the common law define rape?
The carnal knowledge of a woman forcibly and against her will
How did the common law define carnal knowledge?
The penetration of the female sex organ by the male sex organ with or without seminal emission
What were all other acts apart from rape covered under?
The crime of sodomy
What is sodomy?
Anal or oral sex between people or sexual activity between a person and a non-human animal (bestiality), but it may also mean any non-procreative sexual activity.
Which Act was created to more adequately reflect and therefore protect society today?
Sexual Offences (Scotland) Act 2009
What is the new definition of rape?
If a person penetrates to any extent without consent the vagina, anus or mouth.
Penetration is a continuing act from entry until withdrawal of the penis.
In a case where penetration is initially consented to but at some point of time the consent is withdrawn.
“Penis” includes a surgically constructed penis.
“Vagina” includes the vulva, and a surgically constructed vagina.
What is sexual assault by penetration?
If a person with any part of their body or anything else without consent penetrates the vagina, mouth or anus.
Includes penetration by a penis (????)
What is sexual assault?
i hate this
What is sexual coercion?
When a person is coerced into participating in a sexual activity
What is coercing a person into being present during a sexual activity?
If a person intentionally causes an individual to be present while a third person engages in such an activity for the purposes of
- obtaining sexual gratification
- humiliation or cause distress
Under which circumstances is consent deemed automatically withheld? (8)
Incapacity due to alcohol or any other substance
Mental/physical incapacity
Age of consent is 16 years old - anyone under the age of 13 cannot legally give consent
Submission due to acts of violence or threat of violence (to the victim or other persons)
Submission due to unlawful detention
Consent given under the guise of impersonation (based on a person known to the victim)
Where a third party has given consent
When the victim is asleep or unconscious
What is the purpose of examination of the individual? (6)
To establish whether the clinical findings support the history of the incident
Identify clinical evidence that supports the alleged acts have taken place
Collect physical evidence to enable forensic scientists to confirm or refute the allegation
Prophylaxis for pregnancy and STI
Treat any new medical conditions or pre-existing conditions exacerbated by the incident
Psychiatric support
