Sexual Offences

Question 1

Section 1 Sexual offences act 2003 - Rape

Indictable Offense

Maximum Sentence - Life imprisonment

Answer 1

Definition- A person (A) commits an offense if -
He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
B does not consent to the penetration, and
A does not reasonably believe that B consents

Question 2

Section 2 Sexual Offence Act 2003 - Assult by penetration

Indictable Offense

Maximum sentence - Life imprisonment

Answer 2

Definition - A person (A) commits an offense if -
He intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
The peneyration is sexual
B does not consent to the penetration
And A does not reasonably believe that B consents

Question 3

Section 3 Sexual Offense Act 2003 - Sexual Assault

Triable either way

Maximum Sentence - 10 Years

Answer 3

Definition A person (A) commits an offense if -
He intentionally touches another person (B)
The touching is sexual
B does not consent to the touching and
A does not reasonable belief B consents

Question 4

Section 4 Sexual Offence Act 2003 - Causing a person to engage in sexual acticity without consent

Indictable (with penetration) Triable either way(if not)

Maximum Sentence - 10 years imprisonment (with penetration Life)

Answer 4

Definition - A person (A) commits an offense if -
He intentionally causes another person (B) to engage in an activity
The activity is sexcual
B does not consent to engaging in the activity and
A does not reasonably believe that B consents

Question 5

Section 66 Sexual Offences Act 2003- Exposure

Triable either way

Maximum Sentence - 2 years

Answer 5

Definition - A person commits an offense if
He intentionally exposes his genitals and
He intends that someone will see them and be caused alarm or distress

Question 6

Section 67 Sexual offences Act 2003 - Voyeurism

Triable either way

Maximum Sentence - 2 years

Answer 6

Definition - A person commits an offense if
For the purpose of obtaining sexual gratiifcation, he observers anoither person doing a private act and
He knows that the other person does not consent to being observed for his sexual gratification

Question 7

Section 75 Sexual offences Act- Evidential Presumption

Answer 7

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 third person), forcibly detained the person, the person was flat out (asleep or unconscious), the person was disabled (physically disabled(unable to communicate)), drugs involved (spiking)

Question 8

Section 76 Sexual Offences Act - Fraud

Answer 8

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 consent existed.

Irrefutable presumption