Sexual Offences

Question 1

Sexual Offences Act 2003 s1(1)

Answer 1

Rape

Question 2

Rape AR

Answer 2

1) Penetration with a penis 2) of the vagina, anus or mouth of another person 3) who does not consent to the penetration

Question 3

Rape MR

Answer 3

1) The penetration is intentional, and 2) the defendant does not reasonably believe the person consents

Question 4

Sexual Offences Act 2003 s1(2)

Answer 4

Whether a defendant’s belief in the complainant’s consent is reasonable is determined with regard to all the circumstances, including any steps the defendant took to ascertain whether the complainant consented

Question 5

Sexual Offences Act 2003 s2(1)

Answer 5

Assault by Penetration

Question 6

Assault by Penetration AR

Answer 6

1) Penetration of the vagina or anus of another person with a part of his body or anything else 2) the penetration is sexual 3) the person does not consent to the penetration

Question 7

Assault by Penetration MR

Answer 7

1) The penetration is intentional, and 2) the defendant does not reasonably believe the person consents

Question 8

Sexual Offences Act 2003 s3

Answer 8

Sexual Assault

Question 9

Sexual Assault AR

Answer 9

1) Defendant touches another person 2) the touching is sexual, and 3) the person does not consent to the touching

Question 10

Sexual Assault MR

Answer 10

1) The touching is intentional, and 2) the defendant does not reasonably believe the person consents

Question 11

Sexual Offences Act 2003 s78

Answer 11

Touching or penetration is ‘sexual’ if a reasonable person would believe that a) the act is by its nature clearly sexual or b) the act of its nature may be sexual, and because of the circumstances and/or the purpose of the individual, is sexual

Question 12

R v H

Answer 12

The touching of a person’s clothes can be considered touching for the purposes of s3 of the SOA 2003

Question 13

Sexual Offences Act 2003 s79(3)

Answer 13

References to body parts in the act also refer to surgically constructed body parts, such as in the case of gender reassignment surgery

Question 14

Sexual Offences Act 2003 ss5-7

Answer 14

Rape of a Child Under 13, Assault of a Child Under 13 by Penetration, Sexual Assault of a Child Under 13 - All strict liability offences, where consent and reasonable belief in consent are not relevant to the offence

Question 15

Sexual Offences Act 2003 s9(1)

Answer 15

Sexual Activity with a Child (where the defendant is aged 18 or over)

Question 16

Sexual Activity with a Child AR

Answer 16

1) Defendant touches a person 2) the touching is sexual 3) the person is aged under 16

Question 17

Sexual Activity with a Child MR

Answer 17

1) The touching is intentional, and 2) the defendant does not reasonably believe the person is 16 or over (unless the person is under 13, in which case there is strict liability)

Question 18

Sexual Offences Act 2003 s9(2)

Answer 18

The offence of sexual activity with a child is indictable only with a maximum of 14 year’s imprisonment if the touching involves the penetration of the anus or vagina of either party by any part of the other’s body, or the penetration of either party’s mouth with the other’s penis. Otherwise, the offence is either-way.

Question 19

Sexual Offences Act 2003 s13

Answer 19

The same offence as section 9 but where the defendant is under 18; the maximum penalty is 5 years’ imprisonment

Question 20

Sexual Offences Act 2003 s74

Answer 20

Definition of consent is ‘a person consents if he or she agrees by choice, and has the freedom and capacity to make that choice’

Question 21

Sexual Offences Act 2003 s79(2), R v Kaitamaki

Answer 21

Penetration is a ‘continuing act’, so an offence occurs if the penetration continues after consent has been withdrawn

Question 22

R v Bree

Answer 22

Heavy intoxication does not automatically mean a victim is unable to consent, and a complainant’s ‘capacity to consent may evaporate well before a complainant becomes unconscious’, so it is a matter of fact for a jury to decide whether or not a complainant was past the point of losing capacity through intoxication

Question 23

R v Kirk

Answer 23

An individual may be convicted of rape where the complainant ‘merely submitted’ rather than actually consented

Question 24

Sexual Offences Act 2003 s75(1)

Answer 24

Rebuttable presumptions as to lack of consent apply where one of six circumstances (contained in s75(2)) exists, and the defendant knows it exists

Question 25

Sexual Offences Act 2003 s75(2)

Answer 25

a) Defendant used violence against the complainant or caused the complainant to fear immediate violence
b) Defendant caused complainant to fear that violence was being done, or immediate violence would be done, to another person
c) Complainant was unlawfully detained at the time of the act, and the defendant was not
d) Complainant was asleep or unconscious
e) Complainant had a physical disability which prevented them from communicating to defendant whether or not they consented
f) Anyone had administered or caused the complainant to consume a substance which was capable of causing the defendant to be stupefied or overpowered

Question 26

Sexual Offences Act 2003 s76(2)

Answer 26

Lack of consent and lack of reasonable belief in consent can be conclusively presumed (irrebuttable presumptions) in the following circumstances:

a) The defendant intentionally deceived the complainant as to the nature or purpose of the relevant act or
b) The defendant intentionally induced the complainant into consenting by impersonating a person known personally to the complainant

Question 27

R v Jheeta (Harvinder Singh), Assange v Swedish Prosecution Authority

Answer 27

Even where deceit is otherwise involved, the presumption in section 76(2)(a) only applies where the complainant was deceived specifically as to the nature or purpose of the sexual act itself, not surrounding circumstances

Question 28

R v Devonald

Answer 28

A jury is entitled to find that a defendant deceived a complainant as to the purpose but not to the nature of a sexual act