Sexual offences

Question 1

What is the legal definition of rape according to the Sexual Offences Act 2003?

Explain the difference between rape, assault by penetration, and sexual assault under the Sexual Offences Act 2003 + Causing another to engage in sexual activity without consent.

Answer 1

Sexual Offences Act 2003 (SOA)
Ÿ Rape – S1 provides that a person commits
the offence of rape if he intentionally
penetrates the vagina, anus or mouth of
another person with his penis without
consent or without reasonable belief in
consent.

Ÿ Assault by penetration – S2 provides that
a person commits the offence of assault by
penetration if he intentionally penetrates
the vagina, anus or mouth of another
person with his penis without consent or
without reasonable belief in consent.

Ÿ Sexual assault – S3 provides that a person
commits the offence of sexual assault if he
intentionally touches another person where
the touching is sexual and without consent
or without reasonable belief in consent.

Ÿ Causing a person to engage in sexual
activity without consent – S4 provides
that commits an offence if he intentionally
causes another person to engage in an
activity where the activity is sexual and
without consent or without reasonable
belief in consent.

Question 2

What constitutes the actus reus of rape under current UK law?
Discuss why rape is considered a strict liability crime and how mens rea relates to the concept of reasonable belief in consent.

Question 3

How is consent defined under the Sexual Offences Act 2003?
What constitutes a reasonable belief in consent, and what factors are considered in determining its reasonableness?

Question 4

Identify and explain the challenges in proving rape in a court of law.
How does the definition of ‘sexual’ under Section 78 of the SOA impact the prosecution of sexual offences?

Question 5

Discuss the role of deception in vitiated consent and give examples where consent is considered not given due to deception.
How do intoxication and delusional belief impact an individual’s capacity to consent?

Question 6

What are the conclusive presumptions under Section 76 of the SOA?
Explain the evidential presumptions under Section 75 of the SOA and the circumstances in which they apply.

Question 7

Describe the difference between lack of consent, conclusive presumption of lack of consent, and evidential presumption of lack of consent as per Sections 74, 75, and 76 of the SOA.

Question 8

How is attempted rape defined and prosecuted under UK law?
Define statutory rape and explain the legal distinctions between sexual activity with children under 13 and those between 13 and 16 years old.