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Oral > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

Sexual Offences Act (Scotland) 2009 Section 1

A

Rape

Intentionally or recklessly penetrating

Victims - vagina - mouth - anus

Accused must have a penis

Victim can be male or female

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2
Q

Sexual Offences (Scotland) Act 2009 Section 2

A

Sexual assault by penetration -

  • vagina or anus
  • any part of perpetrators body or anything else
  • perpetrator and victim can be male and female
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3
Q

Sexual Offences (Scotland) Act 2009 Section 3

A

Sexual Assault -

  • mouth - anus - vagina
  • by any means in a sexual way or sexual physical conduct under or through clothing
  • ejaculating or urinating or saliva onto victim sexually
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4
Q

Sexual Offences (Scotland) Act 2009 Section 4

A

Sexual Coercion - intentionally causes someone to participate in intercourse without consent or reasonable belief of consent

Humiliation or alarm for victim

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5
Q

Sexual Offences (Scotland) Act 2009 Section 5

A

Coercing a person to be present

No consent to sexual activity or a)obtaining sexual gratification,

(b)humiliating, distressing or alarming B.

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6
Q

Sexual Offences (Scotland) Act 2009 Section 6

A

Coercing a person to look at an image - sender, third party or imaginary in image. Cause humiliation or alarm for sexual gratification.

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7
Q

Sexual Offences (Scotland) Act 2009 Section 7

A

Communication indecently - written sexual verbal

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8
Q

Sexual Offences (Scotland) Act 2009 Section 8

A

Sexual Exposure

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9
Q

Sexual Offences (Scotland) Act 2009 Section 9

A

Voyeurism

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10
Q

Sexual Offences (Scotland) Act 2009 Section 11

A

Administering a substance for a sexual purpose

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11
Q

Sexual Offences (Scotland) Act 2009 Section 28

A

Intercourse with an older child

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12
Q

Consent - mentally disordered person is unable to do one of the following:

A
  • Understand what sexual conduct is
  • form a decision as to whether to engage in the sexual conduct (or whether conduct should take place
  • communicate any such decision
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13
Q

Consent not given if proof of:

A
  • victim was incapable of consent due to effect of alcohol
  • agrees through violence or threat of
  • victim unlawfully detained
  • victim is mistaken as to nature or purpose of conduct from deception
  • assailant impersonates someone the victim knows
  • other person than victim consents
  • victim asleep or unconscious

SUSPECT MUST PROVE THEY HAD REASONABLE BELIEF OF CONSENT

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14
Q

Abusive Behaviour and Sexual Harm (Scotland) Act 2016
Section 2

A

Disclosing or threatening to disclose an intimate photograph or film

Intend to cause fear and alarm to victim

Threaten to disclose a photo or film appears to show victim in intimate position

Photo or film not been previously disclosed to the public at large or any section of public

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15
Q

Consent - younger and older child

A

A younger child - not attained age of 13 - cannot consent

An older child - 13, 14, 15

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16
Q

Sexual Offences Scotland Act 2009
Section 29

A

Engaging in penetrative sexual activity with or towards an older child

  • only committed by person 16+
  • doesn’t matter if consent from older child
17
Q

The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Section 1

A

Grooming a Child under 16 for sexual purposes

“Meeting a child following preliminary contact after communicating on at least one occasion”

  • travels to any part of the world
  • makes arrangement for child to travel “
  • intention of unlawful sex with or in presence of that child

Must be uk citz or Scottish connection for communication or take place there

18
Q

Sexual Offences Act Scotland 2009

Section 29

Section 37

A

Section 29 - Engaging in pentrative sexual activity with or towards an older child

Section 37 - older children engaging in sexual conduct with each other (if both consent - both charged)

19
Q

Abuse of position of trust - part 5

Section 42

A

Sexual abuse of trust -

Person attained the age of 18 and intentionally engages in sexual activity with or directed at…

Child under 18 - whilst in position of trust:

  • child detained in institution by court order
  • resident in local authority accom and looked after by perpetrator
  • accommodated/ taught or trained or cared for in: hospital, school, care home
  • parental responsibilities
20
Q

Section 46

A

Sexual abuse of trust of a mentally disordered person

21
Q

Criminal Procedure Act 1995 section 293 and 294

A

293 - Offence to aid, abet another to commit a crime

294 - Offence to attempt to commit sexual offence crimes

Oral (10 decks)

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