Sexual Offence Act 2003

Question 1

Kaitamaki v R [1985]

Answer 1

• The actus reus of rape is a continuing act

* Preserved in SOA 2003, s.79(2)

Question 2

R v Malone [1998]

Answer 2

• No indication of agreement? Did not consent
• Actus reus of rape does not import a requirement that the complainant demonstrates by word or conduct that there was a lack of consent

Question 3

MC v Bulgaria (2005)

Answer 3

• Failure to resist does not constitute agreement

Question 4

R v Ciccarelli [2011]

Answer 4

• Cannot give future consent

Question 5

R v B [2006]

Answer 5

• Agreement is on the actual physical act
• Doesn’t matter that the two did not agree on other matters
• Irrelevant that V would not have agreed had she had further information

Question 6

Assange v Swedish Prosecution Authority [2011]

Answer 6

• Court finds that deception fell under s.74
• Nonsensical for parliament to mean to cover acts that are not deceptive under that section
• Thomas LJ (obiter): case could be considered as deception under s.74 as would non-disclosure about HIV
• Introduced the notion of conditional consent