Sexual Offences Flashcards
What is Sexual
Meaning of the term
1) Penetration or
2) Touching or any other activity if a reasonable person would consider it to be a of a sexual nature
Section 1: Rape
It is an offence for a person…
• Intentionally to penetrate with his penis the vagina, anus, or mouth of another person without that person’s consent
And without reasonable belief that the other person consents
Section 2: Assault by penetration
It is an offence for a person to…
• Intentionally penetrate the vagina or anus of another person with part of his body or anything else
Without that person’s consent and without the reasonable belief that the other person consents
Section 3: Sexual Assault by Touching
A person (A) commits an offence if…
• He intentionally touches another person (B) the touching is sexual
• (B) does not consent to the touching, and
• (A) does not reasonably believe that (B) consent
Section 4: Causing a person to engage in sexual activity
It is an offence to…
• Intentionally cause another person to engage in sexual activity without that person’s consent
• Or without reasonable belief that the other person consents
Outraging Public Decency
It is an offence at common law to commit an act of a
Lewd, obscene or disgusting nature and outrage public decency
Section 63: Trespass with intent to commit relevant sexual offence
Makes it an offence to intend 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 trespassing
Section 66: Exposure
A person commits an offence in he intentionally exposes his genitals and
He intends that someone will see them and caused alarm or distress
Section 67: Voyeurism
A person commits an offence if:
For the purpose of obtaining sexual gratification, they observe another person doing a private act, and
They know that the other person does not consent to being observed for their sexual gratification
Section 71: Sexual activity in a public lavatory
A person commits an offence if
He is in a lavatory which the public or a section of the public has or is permitted to have the access, whether on payment or otherwise,
He intentionally engages in an activity, and the activity is sexual
Section 63: of criminal justice and immigration act 2008
It is an offence for a person to be in possession of an extreme pornographic imagine
Section 74: Consent
States that a person consents if they agrees by choice and has the freedom and capacity to make a choice
CONSENT = choice + freedom and capacity to choose
Evidential Presumption PADFAF
If we can prove that the defendant committed the offence and any of the circumstances exist
Physical disability
Asleep or unconscious
Detained
Force
Administers a substance
Fear
The Five F’s – Defensive Fear Responses
Fight Active
Flight
Friend
Flop Passive
Freeze.
