Sexual offences Flashcards
What is the definition of Rape - S1 Sexual Offences Act 2003
A person (a) Commits an offence 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.
What is the definition of Assault by Penetration - S2 Sexual Offences Act 2003?
A person (A) commits an offence if -
(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.
What is ‘Consent’ as defined in s74 Sexual Offences Act 2003?
A person consents if he agrees by choice and has the freedom and capacity to make that choice
What is ‘Sexual’ as defined in s78 Sexual Offences Act 2003
Penetration, touching or any other activity is sexual if a reasonable person would consider it to be of a sexual nature.
a) By its nature are sexual e.g. sexual intercourse, oral sex or masturbation.
b) because of its nature it may be sexual and because of its circumstances or the purpose of any person In relation to it ( or both) it is sexual.
What is ‘Penetration’ as defined in the sexual offences act 2003?
Continuing the act from entry to withdrawal
What is ‘Touching’ as defined in the sexual offences act 2003?
Includes touching of a sexual nature:
- With any part of the body, or
- With anything else
- Through anything
- And includes touching amounting to penetration
(Intention to cause sexual act much be present)
What is the definition of Sexual Assault - S3 Sexual Offences Act 2003?
A person (A) commits an offence if -
a) He intentionally touches another person (B)
b) The touching is sexual
c) B doesn’t consent to the touching, and
d) A does not reasonably believe that B consents.
What is the definition of Causing a person to engage in sexual activity without consent - S4 Sexual Offences Act 2003?
(Equivalent to rape)
A person (A) commits an offence if -
a) He intentionally causes another person (B) to engage in an activity
b) The activity is sexual
c) B does not consent to engaging in the activity, and
d) A does not reasonably believe that B consents.
What are the six F’s of Evidential Presumption where defendant did act or took advantage of?
Where these apply, no consent is given
S75 Sexual Offences Act 2003
Used FORCE
Used FEAR
FORCIBLY detained person
The person was FLAT out (unconscious or asleep)
The person was F(ph)YSICIALLY disabled (unable to communicate)
No ‘F’ in drugs
What are the two Conclusive presumptions
S76 Sexual Offences Act 2003
Where the person did the relevant act and..
FRAUD to the act
FRAUD to the person
