Sexual offences

Question 1

Section 1 Sexual Offences Act 2003

Answer 1

Rape 
A person (A) commits an offence if—
(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 2

Section 2 Sexual Offences Act

Answer 2

Assault by Penetration
A person (A) commits an offence if—
(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 3

Section 3 Sexual Offences Act

Answer 3

Sexual Assault
A person (A) commits an offence if—
(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 4

Section 4 Sexual Offences Act

Answer 4

Causing a Person to Engage in Sexual Activity Without Consent

A person (A) commits an offence if—

(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 A does not reasonably believe that B consents.

s.75 Evidential Presumption:
If the defendant did the relevant act and did or took advantage of any of the following and knows this is the case, the complainant will be deemed to have NOT consented.
• Used Force
• Used Fear (can be to third person)
• Forcibly detained the person
• The person was Flat out (unconscious or asleep)
• The person was F(ph)ysically disabled (unable to communicate)
• No ‘F’ in drugs (spiking drinks, GHB, chloroform)
s.76 Conclusive Presumption:
Where the defendant did the relevant act, and obtained his consent by:
• Fraud to the act
• Fraud to the person (known personally)
It can be presumed that the complainant did not consent and that the defendant did not believe that consent existed.
This is an irrefutable presumption.

Question 5

Section 78 Sexual Offences Act 2003

Answer 5

A person consents if he agrees by choice and has the freedom and capacity to make that choice
Penetration, touching or any other activity is sexual if a reasonable person would consider that –
( a) whatever its circumstances or any persons 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.
Touching
Touching includes touching –
(a) With any part of the body
(b) With anything else
(c) Through anything
And in particular includes touching amounting to penetration
Penetration
(2) Penetration is a continuing act from entry to withdrawal