sexual defences Flashcards
what is consent
consent means agreement by choice and with the freedom and capacity to make that choice.
9 exceptions
determination of consent, even if..
situations where consent is no defense
the defendant’s belief, minor, marriage
SPC: definition of child and provision
definition of sexual penetration
actus reus and mens rea of sexual penetration of a child
An act of sexual penetration; and
The victim of the penetration should be a child.
intention to engage in an act of sexual penetration. Intention as we know cannot be proved directly but indirectly from what the accused said or did at the time of engaging in the unlawful actus reus i.e., the act of sexual penetration.
what is corroboration
what must a corroborative evidence contain
example of corroborative evidence
The SOA’s position in corroborative evidence
The State v. Osman Kamara (2020)
The State v. Mohamed Bangura (2016)
RAPE: what is rape
amendment of the punishment related to rape
establishing consent
penetration: consent being continuing
Absence of Consent:
intention to penetrate
No reasonable belief in consent
six presumptions as to consent
four conclusive presumptions
INDECENT ASSAULT (Sec. 7) definition
definition of touching and sexual manner
actus reus and mens rea of indecent assault
what is VOYEURISM (Section 15)
actus reus and mens rea of VOYEURISM (Section 15)
INDECENT EXPOSURE (Section.14) definition and penalty
actus reaus and mens rea of INDECENT EXPOSURE (Section.14)
Causing, inciting etc. a person with mental disability to engage in sexual activity (Section 8) definition and penalty
consent relating to Causing, inciting etc. a person with mental disability to engage in sexual activity (Section 8) (presumption)
actus reus and mens rea of Causing, inciting etc. a person with mental disability to engage in sexual activity (Section 8)
