Sexual Offences

Question 1

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

Answer 1

For their lifetime

Question 2

What information can remain anonymous under Sexual Offences Act 1992?

Answer 2

Name, address and image

Question 3

S1 Sexual Offences Act 2003 - Rape

Answer 3

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

Question 4

Can rape be committed by a female with constructed penis?

Answer 4

Yes

Question 5

Can rape be committed with a surgically created penis?

Answer 5

Yes

Question 6

Can consent for rape be gained through threats or fear?

Answer 6

NO

Question 7

Consent for sex must be ______ ______

Answer 7

Freely given

Question 8

When can consent for sex be withdrawn?

Answer 8

At any time

Question 9

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

Answer 9

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

Question 10

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

Answer 10

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

Question 11

What is conditional consent?

Answer 11

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

Question 12

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

Answer 12

No

Question 13

Is not disclosing HIV and having consensual sex rape?

Answer 13

No, but could be GBH

Question 14

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

Answer 14

Yes

Question 15

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

Answer 15

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

Question 16

Can a victim who is asleep consent?

Answer 16

NO

Question 17

What are evidential presumptions about consent?

Answer 17

When circumstances themselves show that the victim did not consent

Question 18

Can a defendant argue about evidential presumptions about consent?

Answer 18

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

Question 19

What are the two parts of conclusive presumptions about consent?

Answer 19

Impersonation

Deception

Question 20

Can a defendant argue against a conclusively proved presumption?

Answer 20

No, if proved beyond doubt in court

Question 21

Define ‘sexual’

Answer 21

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

Question 22

Touching can take place:

Answer 22

With any part of the body
With anything else
Through anything

Question 23

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

Answer 23

No

Question 24

S2 Sexual Offences Act 2003 - Assault by Penetration

Answer 24

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

Question 25

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

Answer 25

NO - vagina or anus only

Question 26

Can sexual touching be reckless or accidental?

Answer 26

NO - has to be intentional

Question 27

Does Sexual Assault by Touching include the touching of clothing?

Answer 27

Yes, but they must be wearing the article

Question 28

S3 Sexual Offences Act 2003 - Sexual Assault by Touching

Answer 28

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

Question 29

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

Answer 29

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

Question 30

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

Answer 30

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

Question 31

S9 SOA - Sexual Activity with a Child

Answer 31

``` 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 ```

Question 32

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

Answer 32

Person aged 18 or over