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National Investigators' Exam 2022 > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

How long can a victim remain anonymous under Sexual Offences Act 1992?

A

For their lifetime

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2
Q

What information can remain anonymous under Sexual Offences Act 1992?

A

Name, address and image

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3
Q

S1 Sexual Offences Act 2003 - Rape

A 
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
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4
Q

Can rape be committed by a female with constructed penis?

A

Yes

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5
Q

Can rape be committed with a surgically created penis?

A

Yes

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6
Q

Can consent for rape be gained through threats or fear?

A

NO

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7
Q

Consent for sex must be ______ ______

A

Freely given

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8
Q

When can consent for sex be withdrawn?

A

At any time

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9
Q

A person consents if he agrees by _____, and has the _______ and ______ to make that ______

A

A person consents if he agrees by CHOICE, and has the FREEDOM and CAPACITY to make that CHOICE

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10
Q

Can a woman commit the offence of aiding and abetting rape?

A

Yes, if she is encouraging or assisting the male, not reasonably believing the other person is consenting

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11
Q

What is conditional consent?

A

Where there is a condition placed upon the consent to allow sexual intercourse

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12
Q

Would having sex with someone if they told you they were rich and they were actually poor satisfy a breach of conditional consent?

A

No

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13
Q

Is not disclosing HIV and having consensual sex rape?

A

No, but could be GBH

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14
Q

Is lying about being HIV positive and having consensual sex rape?

A

Yes

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15
Q

Would having sex with someone while lying about being a boy when actually a girl count as rape?

A

Yes - the freedom to choose whether to have sex with a boy or a girl is removed, so true consent could not be given

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16
Q

Can a victim who is asleep consent?

A

NO

17
Q

What are evidential presumptions about consent?

A

When circumstances themselves show that the victim did not consent

18
Q

Can a defendant argue about evidential presumptions about consent?

A

Yes - they must offer evidence supporting his position that the victim consented

19
Q

What are the two parts of conclusive presumptions about consent?

A

Impersonation

Deception

20
Q

Can a defendant argue against a conclusively proved presumption?

A

No, if proved beyond doubt in court

21
Q

Define ‘sexual’

A

What a reasonable person would consider to be sexual / something that is a sexual act per se (penetrative sex / masturbation)

22
Q

Touching can take place:

A

With any part of the body
With anything else
Through anything

23
Q

Does the area being touched need to be a sexual area?

A

No

24
Q

S2 Sexual Offences Act 2003 - Assault by Penetration

A 
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
25
Q

Can you commit assault by penetration by penetrating someone’s mouth?

A

NO - vagina or anus only

26
Q

Can sexual touching be reckless or accidental?

A

NO - has to be intentional

27
Q

Does Sexual Assault by Touching include the touching of clothing?

A

Yes, but they must be wearing the article

28
Q

S3 Sexual Offences Act 2003 - Sexual Assault by Touching

A 
Intentionally
Touches
Another person (B)
The touching is sexual
B does not consent to the touching
A does not reasonably believe that B consents
29
Q

S4 Sexual Offences Act 2003 - Causing a Person to Engage in Sexual Activity without Consent

A

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

30
Q

Can S4 S0A (Causing a Person to Engage in Sexual Activity without Consent) be committed by a man or a woman?

A

Yes, both (includes a woman forcing a man to penetrate her)

31
Q

S9 SOA - Sexual Activity with a Child

A 
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
32
Q

Who can commit S9 SOA (Sexual Activity with a Child)?

A

Person aged 18 or over

National Investigators' Exam 2022 (10 decks)

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