Sexual Offences

Question 1

What legislation is behind Rape?

Answer 1

Section 1 Sexual Offences Act 2003

Question 2

What type of offence is Rape?

Answer 2

Indictable

Question 3

What is the maximum sentence for Rape?

Answer 3

Life imprisonment

Question 4

Define consent

Answer 4

A person consents if they agree by choice and have the freedom and capacity to make that choice

Question 5

What is the legislation behind Assault By Penetration?

Answer 5

Section 2 Sexual Offences Act 2003

Question 6

What type of offence is Assault by Penetration?

Answer 6

Indictable

Question 7

What is the maximum sentence for Assault by Penetration?

Answer 7

Life imprisonment

Question 8

What is the legislation behind Sexual Assault?

Answer 8

Section 3 Sexual Offences Act 2003

Question 9

What type of offence is Sexual Assault?

Answer 9

Either way

Question 10

What is the maximum sentence for Sexual Assault?

Answer 10

10 years

Question 11

What is the legislation behind Causing a Person to Engage in Sexual Activity Without Consent?

Answer 11

Section 4 Sexual Offences Act 2003

Question 12

What type of offence is Causing a Person to Engage in Sexual Activity Without Consent?

Answer 12

Indictable if penetration involved

Either way if not

Question 13

What is the maximum sentence for Causing a Person to Engage in Sexual Activity Without Consent?

Answer 13

Life if penetration involved

10 years if not

Question 14

What legislation is behind Sexual Activity With a Child?

Answer 14

Section 9 Sexual Offences Act 2003

Question 15

How old must the suspect be in order to commit the offence of Sexual Activity With a Child? And how old must the child be?

Answer 15

Suspect - over 18

Child - under 16 and suspect does not believe that child is over 16 or, 13.

Question 16

If a victim of Sexual Activity With a child is under 13, what can the suspect not claim?

Answer 16

That they believed the child to be 16 or over.

Question 17

What legislation is behind Meeting a Child Following Sexual Grooming?

Answer 17

Section 15 Sexual Offences Act 2003

Question 18

What type of offence is Meeting a Child Following Sexual Grooming?

Answer 18

Either way

Question 19

What is the maximum sentence for Meeting a Child Following Sexual Grooming?

Answer 19

10 years

Question 20

How many instances of communication must there be for the offence of Meeting a Child Following Sexual Grooming?

Answer 20

At least 2 - do not need to be of a sexual nature

Question 21

What is the legislation behind Sexual Communication With a Child?

Answer 21

Section 15A Sexual Offences Act 2003

Question 22

What type of offence is Sexual Communication With a Child?

Answer 22

Either way

Question 23

What is the maximum sentence for Sexual Communication With a Child?

Answer 23

2 years imprisonment

Question 24

What is the key phrase in Sexual Communication With a Child?

Answer 24

“For the purpose of obtaining sexual gratification”

Question 25

What are 3 relevant offences under Sexual Offences Act 2003 (prostitution)?

Answer 25

Soliciting
Causing or Incite
Controlling

Question 26

What is the legislation behind Exposure?

Answer 26

Section 66 Sexual Offences Act 2003

Question 27

What is necessary for the offence of Exposure?

Answer 27

That the suspect intended for someone to see and be caused alarm or distress

Question 28

What is the legislation behind Voyeurism?

Answer 28

Section 67 Sexual Offences Act 2003

Question 29

What does Section 75 - Evidential Presumption say?

Answer 29

If the defendant did any of the following and knows this is the case, the complainant will be deemed to have not consented:

Force (used)
Fear (used)
Forcibly detained the person
Flat out (victim unconscious) 
F(physically) disabled / victim unable to communicate
F(ing) drugs (drinks spiked)

Question 30

What does Section 76 - Fraud to the Act Under Conclusive Presumption say?

Answer 30

If the defendant pretends to be someone else

If the defendant promises a gain to the victim (e.g. a promotion for sex) but does not deliver this.