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English Criminal > Sexual Offences > Flashcards

Sexual Offences Flashcards

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1
Q

What is the actus reus of rape?

A

Penetration of the vagina, anus, or mouth, with a penis, without consent

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2
Q

What is the mens rea of rape?

A

Intentional penetration and lack of reasonable belief in consent

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3
Q

What are the ‘irrebuttable’ conclusive presumptions of non-consent set out in s 75 of the Sexual Offences Act 2003?

A
  1. Deception as to the nature or purpose of the act; or

2. Deception as to the identity of D

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4
Q

What are the ‘rebuttable’ evidential presumptions of non-consent set out in s 75 of the Sexual Offences Act 2003?

A
  1. Use of violence
  2. Fear of violence
  3. That the V was asleep or other unconscious
  4. That the V was unlawfully detained
  5. That the V had a disability physically preventing communication
  6. That the V had been stupefied or overpowered by a substance taken without their consent (involuntary doping/spiking)
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5
Q

What is the general definition of consent?

A

V agrees by choice, and has the freedom and capacity to make that choice

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6
Q

What is the actus reus of assault by penetration? What piece of legislation can this be found under?

A

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

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7
Q

What is the mens rea of assault by penetration?

A

Intentional penetration and lack of reasonable belief in consent

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8
Q

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?

A

True

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9
Q

How does the law define ‘sexual’ under s 78 of the SOA 2003?

A

“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

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10
Q

In a case of assault by penetration, D does not even need to know that their conduct is ‘sexual’. True or false?

A

True

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11
Q

What is the actus reus of sexual assault? What is the relevant piece of legislation?

A

Sexual touching, by D, without consent

S.3 SOA 2003

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12
Q

What is the mens rea of sexual assault? What is the relevant piece of legislation?

A

Intentional touching and lack of reasonable belief in consent

S.3 SOA 2003

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13
Q

What is the actus reus of causing a person to engage in sexual activity without their consent? What is the relevant piece of legislation?

A

Making someone do something sexual, without consent

S. 4 SOA 2003

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14
Q

What is the mens rea of causing a person to engage in sexual activity without their consent? What is the relevant piece of legislation?

A

Intending to cause someone to engage in non-consensual sexual activity, and lack of reasonable belief in consent

S.4 SOA 2003

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15
Q

What is the actus reus of statutory rape? What is the relevant legislation?

A

Penetration, with a penis, of the vagina, anus, or mouth of a person aged under 13.

S(5)(1) SOA 2003

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16
Q

What is the mens rea of statutory rape? What is the relevant legislation?

A

Intentional penetration

S 5(1) SOA 2003

17
Q

Is it sill statutory rape if the V consented?

A

Yes - due to the age of the V, consent is irrelevant

18
Q

Will D be liable for statutory rape if they believed that V was aged 13 or over?

A

Yes - D will be liable as the mens rea to the V’s age is strict liability

19
Q

What is the definition of assault of a child under 13 by sexual penetration? What is the relevant legislation?

A

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

20
Q

What is the definition of sexual assault of a child under 13? What is the relevant legislation?

A

Intentional sexual touching, by D, of a person aged under 13

S 7 SOA 2003

21
Q

What is the definition of causing or inciting a person aged under 13 to engage in sexual activity? What is the relevant legislation?

A

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

22
Q

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?

A

True

23
Q

With sexual offences where the V is aged 13-15, offences are categorised differently depending upon the age of D. True of false?

A

True

English Criminal (6 decks)

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