Sexual offences Flashcards
What constitutes the offence of rape under sexual offences law? What sort of act is penetration considered to be?
Rape involves the penetration of the vagina, anus, or mouth of the victim with the penis of the perpetrator. The act of penetration is considered a continuing act = means that the actus reus and mens rea began to occur at the same time and the crime was committed.
What is required for an offence of assault by penetration?
It entails penetration of the victim’s vagina or anus with any part of the perpetrator’s body or an object, with the act being sexual in nature.
How is sexual assault defined in legal terms?
Sexual assault involves the perpetrator touching the victim in a manner that is sexual.
What does causing a person to engage in sexual activity without consent entail?
A causing B to engage with C = in the act outlined below
It consists of causing the victim to engage in an act that is sexual, with varying levels of seriousness based on specific circumstances.
How is consent and reasonable belief as to consent treated in sexual offences?
What sections?
Consent is central to both the actus reus and mens rea of sexual offences, with the law exploring ‘reasonable belief as to consent’ and statutory shortcuts that offer presumptions regarding consent.
-Assange clarifies that even if the violations of consent do not fall under s75 or s76 you can still use s74.
s74 - Freedom and capacity to make the choice (deception)
s75- Evidential presumptions(rebuttable)
s76 - Conclusive presumptions (irrebuttable)
How do deceptions regarding the nature or purpose of the sexual act affect consent?(+ which section)
What case explains this?
Which case does it contrast?
s76 - A conclusive presumption -(irrebuttable)
-Showcases that deceptions as to the nature and purpose of the act vitiates consent.
-Deceptions can vitiate consent, particularly if they relate to the nature or purpose of the act, with impersonation also significantly impacting consent.
-R v McNally [2013] explores deceptive sexual relations and their impact on consent.
(The’true sex’ of Mcnally is somehow closer than the vasectomy - question of how does the gender alter the nature/purpose of the act?= It does not)
Unlike in Lawrence where there was initial discussion agreeing to the gender of D.
What principle underlie the legal concept of consent in sexual offences law?
Consent is grounded in the principle of autonomy, emphasising agreement by choice, capacity to choose, and freedom to choose as essential for valid consent.
How do R v Linekar [1995] and R v Lawrance [2020] contribute to understanding consent in sexual offences?
-They examine false beliefs and the vitiation of the victim’s consent.
(Deception as to payment
Deception as to Vasectomy will not vitiate consent to nature of the act.)
What legal implications of coercion or pressure on consent are discussed in R v Kirk [2008] and R (Monica) v DPP [2018]?
What happens in each of these cases?
R(Monica) v DPP - (policemen under cover - Deception to identity) - Decided that deceptions do not vitiate consent unless closely connected to performance of relevant act or amount to impersonation of a relevant person.
R v Kirk - 14 yr old girl paid for sex (starving and had no money - office) discuss the freedom to choose and the implications of coercion or pressure on consent.
What critical insights into the complexities of sexual offences law are offered by A Sharpe and M Gibson?
Who can you use to criticise the argument of Sharpe?
Gibson:
1)Deception is a different wrong as to clear violation of sexual violence. (i.e., it’s different from someone to deceive who they - deception vs Force= not the same)
2)Should have separate statute/offence to provide fairer labelling - signalling to the public thier distinctivness + different sentencing.
C; Could be argued they are not that different.
Sharpe - More emphasis for gender
Defends D in Mcnally - argues there is a tension inherent for sexual offences in the autonomy in consent and between Human rights - argues Mcnally had the right to a private life.
Need to consider the reasons as to why i.e,. Trans people might hide indentities=
C; Dsouza instead argues that consent MUST be absolute.
They delve into the criminalization of sexual intimacy, deceptive sexual relations, and the legal construction of non-consent, offering critical insights into the law.
