Sexual Offences Flashcards
What is the actus reus of rape?
Penetration of the vagina, anus, or mouth, with a penis, without consent
What is the mens rea of rape?
Intentional penetration and lack of reasonable belief in consent
What are the ‘irrebuttable’ conclusive presumptions of non-consent set out in s 75 of the Sexual Offences Act 2003?
- Deception as to the nature or purpose of the act; or
2. Deception as to the identity of D
What are the ‘rebuttable’ evidential presumptions of non-consent set out in s 75 of the Sexual Offences Act 2003?
- Use of violence
- Fear of violence
- That the V was asleep or other unconscious
- That the V was unlawfully detained
- That the V had a disability physically preventing communication
- That the V had been stupefied or overpowered by a substance taken without their consent (involuntary doping/spiking)
What is the general definition of consent?
V agrees by choice, and has the freedom and capacity to make that choice
What is the actus reus of assault by penetration? What piece of legislation can this be found under?
Sexual penetration of the vagina or anus with a part of D’s body, or by D with any other thing, without consent.
S.2 Sexual Offences Act 2003
What is the mens rea of assault by penetration?
Intentional penetration and lack of reasonable belief in consent
As per s.78 of the SOA 2003, in a case of assault by penetration, the Prosecution must prove that the penetration was sexual. True of false?
True
How does the law define ‘sexual’ under s 78 of the SOA 2003?
“Penetration, touching, or any other activity is sexual if a reasonable person would consider that -
(A) whatever its circumstances or any person’s 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 the circumstances or the purpose of any person in relation to it (or both) is sexual
In a case of assault by penetration, D does not even need to know that their conduct is ‘sexual’. True or false?
True
What is the actus reus of sexual assault? What is the relevant piece of legislation?
Sexual touching, by D, without consent
S.3 SOA 2003
What is the mens rea of sexual assault? What is the relevant piece of legislation?
Intentional touching and lack of reasonable belief in consent
S.3 SOA 2003
What is the actus reus of causing a person to engage in sexual activity without their consent? What is the relevant piece of legislation?
Making someone do something sexual, without consent
S. 4 SOA 2003
What is the mens rea of causing a person to engage in sexual activity without their consent? What is the relevant piece of legislation?
Intending to cause someone to engage in non-consensual sexual activity, and lack of reasonable belief in consent
S.4 SOA 2003
What is the actus reus of statutory rape? What is the relevant legislation?
Penetration, with a penis, of the vagina, anus, or mouth of a person aged under 13.
S(5)(1) SOA 2003
What is the mens rea of statutory rape? What is the relevant legislation?
Intentional penetration
S 5(1) SOA 2003
Is it sill statutory rape if the V consented?
Yes - due to the age of the V, consent is irrelevant
Will D be liable for statutory rape if they believed that V was aged 13 or over?
Yes - D will be liable as the mens rea to the V’s age is strict liability
What is the definition of assault of a child under 13 by sexual penetration? What is the relevant legislation?
Intentional sexual penetration, with a part of D’s body, or by D with any other thing, of the vagina or anus of a person aged under 13.
S. 6 SOA 2003
What is the definition of sexual assault of a child under 13? What is the relevant legislation?
Intentional sexual touching, by D, of a person aged under 13
S 7 SOA 2003
What is the definition of causing or inciting a person aged under 13 to engage in sexual activity? What is the relevant legislation?
Intentionally making someone aged under 13 to do something sexual, or simply asking someone aged under 13 to do something sexual.
S. 8 SOA 2003
Where the V is aged 13-15, D is only liable if hey did not reasonably believe V was aged 16 or over. True or fals?
True
With sexual offences where the V is aged 13-15, offences are categorised differently depending upon the age of D. True of false?
True
