Sexual Offences Flashcards
Meaning
Sexual Offences Act 2003
- Penetration
- Touching or any activity if a reasonable person would consider to be a sexual nature.
Sexual Offences Act 2003
Section 1 - Rape
Rape:
It is an offence to a person:
Intentionally to penetrate with his penis, the vagina or anus or mouth of another person without the persons consent.
Without reasonable belief that the other persons consent.
Applies to a flesh penis
Sentence: Up to life imprisonment
Section 2 Assault by penetration
Sexual Offences Act 2003
Section 2 Assault by penetration
It is an offence for a person to intentionally penetrate the anus or vagina or mouth of another person with apart of his body or anything else.
Without that persons consent and without that other persons belief
Sentence - Up to life
Section 3 Sexual Assault by touching
Sexual Offence Act 2003
Section 3 - Sexual Assault by touching
Intentionally touches another person the touching is sexual.
a - does not consent
b - Does not have reasonable belief that the person consented .
Touching any part of the body
Sentence: Up to 10 years
Section 4 - Causing a person to engage in sexual activity
Sexual Offences Act 2003
Intentionally causing another person to engage in sexual activity without that persons consent or without reasonable belief that the person consents.
Outraging Public Decency
It is an offence at common law:
lewd
obscene act
disgusting nature and outrage public decency contrary to common behaviour.
In public + more than a person will see the act
Trespass S63 Sexual Offences Act 2003
Intent to commit a relevant sexual offence. Whilst he is on any premises where he is a trespasser.
Either knowing or being reckless as to whether he is a trespasser.
Exposure S66 Sexual Offences Act 2003
Exposure
A person commits an offence if he purposefully exposes his genitals and he intends that someone will see them and cause H/A/D
Voyeurism S67 Sexual Offences Act 2003
Voyeurism
A person commits an offence if for the purpose of obtaining sexual gratification to observe another person doing a private act and:
they know that the other does not consent to be observed for gratification.
Sentence: 2 Years imprisonment.
S71 Sexual Activity in a public lavatory.
S71 Sexual Offences Act 2003
A person commits an offence if:
He is in a public lavatory or a section of the public have access to the area whether payment or not.
He is intending to engage in a sexual act.
S63 Criminal Justice and Immigration Act 2008
S63 Possession of extreme pornographic images
It is an offence for a person to be in possession of extreme images.
S74 Sexual Offences Act 2003
S74 Consent
Consent
A person consents if he agrees by choice and has the freedom and capacity to make that choice.
Consent + freedom + capacity to choose.
Evidential Presumptions
No Consent:
Physical disability
Asleep or unconscious
Detained
Force IM
Administers IM
Fear IM
FRIEND, FIGHT, FLIGHT, FREEZE, FLOP
Why - trauma, expressed. Stages - crisis, suffering, resolution. May change.
Victim blaming.
Role of initial
Victim welfare
Identify Hazards
Take first account
Assess Scenes
Preserve evidence
Any witnesses
Victim welfare and record everything.
