Sexual Offences Flashcards
How long can a victim remain anonymous under Sexual Offences Act 1992?
For their lifetime
What information can remain anonymous under Sexual Offences Act 1992?
Name, address and image
S1 Sexual Offences Act 2003 - Rape
Intentionally Penetrates Vagina, anus or mouth Of another person (B) With his penis B does not consent to the penetration A does not reasonably believe that B consents
Can rape be committed by a female with constructed penis?
Yes
Can rape be committed with a surgically created penis?
Yes
Can consent for rape be gained through threats or fear?
NO
Consent for sex must be ______ ______
Freely given
When can consent for sex be withdrawn?
At any time
A person consents if he agrees by _____, and has the _______ and ______ to make that ______
A person consents if he agrees by CHOICE, and has the FREEDOM and CAPACITY to make that CHOICE
Can a woman commit the offence of aiding and abetting rape?
Yes, if she is encouraging or assisting the male, not reasonably believing the other person is consenting
What is conditional consent?
Where there is a condition placed upon the consent to allow sexual intercourse
Would having sex with someone if they told you they were rich and they were actually poor satisfy a breach of conditional consent?
No
Is not disclosing HIV and having consensual sex rape?
No, but could be GBH
Is lying about being HIV positive and having consensual sex rape?
Yes
Would having sex with someone while lying about being a boy when actually a girl count as rape?
Yes - the freedom to choose whether to have sex with a boy or a girl is removed, so true consent could not be given
Can a victim who is asleep consent?
NO
What are evidential presumptions about consent?
When circumstances themselves show that the victim did not consent
Can a defendant argue about evidential presumptions about consent?
Yes - they must offer evidence supporting his position that the victim consented
What are the two parts of conclusive presumptions about consent?
Impersonation
Deception
Can a defendant argue against a conclusively proved presumption?
No, if proved beyond doubt in court
Define ‘sexual’
What a reasonable person would consider to be sexual / something that is a sexual act per se (penetrative sex / masturbation)
Touching can take place:
With any part of the body
With anything else
Through anything
Does the area being touched need to be a sexual area?
No
S2 Sexual Offences Act 2003 - Assault by Penetration
Intentionally Penetrates The vagina or anus Of another person (B) With a part of his body or anything else The penetration is sexual B does not consent to the penetration A does not reasonably believe that B consents
Can you commit assault by penetration by penetrating someone’s mouth?
NO - vagina or anus only
Can sexual touching be reckless or accidental?
NO - has to be intentional
Does Sexual Assault by Touching include the touching of clothing?
Yes, but they must be wearing the article
S3 Sexual Offences Act 2003 - Sexual Assault by Touching
Intentionally Touches Another person (B) The touching is sexual B does not consent to the touching A does not reasonably believe that B consents
S4 Sexual Offences Act 2003 - Causing a Person to Engage in Sexual Activity without Consent
Intentionally
Causes
Another person (B)
To engage in an activity
The activity is sexual
B does not consent to engaging in the activity
A does not reasonably believe that B consents
Can S4 S0A (Causing a Person to Engage in Sexual Activity without Consent) be committed by a man or a woman?
Yes, both (includes a woman forcing a man to penetrate her)
S9 SOA - Sexual Activity with a Child
Intentionally Touches Another person (B) The touching is sexual EIther: - B is under 16 and A does not reasonably believe that B is over 16 - B is under 13
Who can commit S9 SOA (Sexual Activity with a Child)?
Person aged 18 or over
