Sexual Offences

Question 1

What is stated in section 1 of the Sexual Offences Act 2003?

Answer 1

A person (A) commits an offence if:
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe B consents.

Question 2

What is established in Ismail (2005)?

Answer 2

court does not draw distinction in seriousness between vaginal, anal or oral rape

Question 3

How does Sexual Offences Act 2003 define penetration?

Answer 3

A continuing act from entry to withdrawal

Question 4

How can a woman be liable for the offence of rape (case reference)?

Answer 4

It is possible for a woman to be liable for the offence of rape as a secondary party: DPP v K and C (1997)

Question 5

What is the actus reus of rape?

Answer 5

D must penetrate the mouth, anus or vagina of another person (V) with his penis. V must not consent to the penetration.

Question 6

What is the mens rea of rape?

Answer 6

The penetration must be intentional. D does not have a reasonable belief in V’s consent

Question 7

How is assault by penetration categorised (section 2 of Sexual Offences Act 2003)?

Answer 7

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.