Sexual offences

Question 1

What is Section 1 of the Sexual Offences Act 2003 ?

Answer 1

Rape.

Question 2

What are the points to prove for Rape ?

Answer 2

-INTENTIONALLY WITHOUT CONSENT

-PENETRATED VAGINA/ANUS/MOUTH

-ANOTHER PERSON (O13)

-WITH PENIS

-NO REASONABLE BELIEF B CONSENTED.

Question 3

What is not a defence for Sexual assault?

Answer 3

Drunkenness

Question 4

What is consent ?

Answer 4

Agreeing, by choice.

Question 5

What are the points to prove for Section 2 - Assault by Penetration, within the Sexual Offences Act 2003?

Answer 5

-INTENTIONALLY PENETRATES THE VAGINA OR ANUS

-WITH PART OF HIS BODY OR ANYTHING ELSE

-THE PENETRATION IS SEXUAL

-B DOES NOT CONSENT

-NO REASONABLE BELIEF THAT B CONSENTS

Question 6

Are section 1 & 2 of the Sexual Offences Act 2003 indictable ?

Answer 6

Yes

Question 7

Can Section 2 within the Sexual Offences Act 2003 be committed by both male and female ?

Answer 7

Yes.

Question 8

What is covered under Section 3 of the Sexual Offences Act 2003?

Answer 8

Sexual assault.

Question 9

What are the points to prove for Section 3 - Sexual Assault ?

Answer 9

-INTENTIONALLY TOUCHES ANOTHER

-THE TOUCHING IS SEXUAL

-B DOES NOT CONSENT TO THE TOUCHING

-A DOES NOT REASONABLE BELIEVE B CONSENTS.

Question 10

Section 4 of the Sexual Offences Act 2003, covers causing a person to engage in sexual activity without consent. What are the points to prove ?

Answer 10

-INTENTIONALLY CAUSES ANOTHER TO ENGAGE IN AN ACTIVITY

-THE ACTIVITY IS SEXUAL

-B DOES NOT CONSENT

-A DOES NOT REASONABLY BELIEVE THAT B CONSENTS

Question 11

Why does Section 1 and Section 4 carry the same sentence ?

Answer 11

Because if penetration is involved this is used as ‘rape’ by a female.

Question 12

Does Section 4 include forcing a person to carry out a sexual act on themselves ?

Answer 12

Yes.