Sexual Offences

Question 1

What is the relevant statute and sexual offences?

Answer 1

• Sexual Offences Act 2003
• S1 - Rape
• S2 - Assault by penetration
• S3 - Sexual assault
• S4 - causing sexual activity without consent.

Question 2

Section 1 - Rape

Answer 2

• AR - Penile penetration of the vagina, anus or mouth by a penis.
• S79(2) - penetration = continuing act from entry to withdrawal
• S79(3) - includes surgically reconstructed.
• Max sentence - life inprisonment.

Question 3

Section 2 - Assault by penetration

Answer 3

• AR - penetration of the vagina or anus by a part of his body or anything else.
• Max sentence = Life imprisonment.

Question 4

Section 3 - Sexual Assault

Answer 4

• AR = intentionally touching another person sexually
• Meaning of touching defined in s79(8) and includes:
  (a) with any part of the body
  (b) with anything else
  (c) through anything
• Bounekhla [2006] - through jacket.
• Max sentence = 10 years if tried on indictment, 6 months if summarily.

Question 5

Section 4 - Causing a person to engage in sexual activity.

Answer 5

• AR = intentionally causes another person to engage in sexual activity.
• Max sentence life if:
• penetration of [B]’s anus or vagina
• penetration of [B]’s mouth with a person’s penis
• penetration of a person’s anus or vagina with a part of [B]’s body or by [B] with anything else
• penetration of a person’s mouth with [B]’s penis
• Under these circumstances max sentence is life.

Question 6

Consent

Answer 6

• S 76 - conclusive presumption of consent
• S 75 - evidential presumptions
• S 74 - general definiton of consent.

Question 7

Consent - S76

Answer 7

Conclusive presumptions of consent
- cannot be rebutted (no need to prove MR)
1 - A intentionally deceived B as to the nature (Williams) or purpose (Devonald) of the relevant act.
2 – A intentionally induced the B to consent to the relevant act by impersonating a person known personally to B.

Question 8

Consent - S75

Answer 8

Evidential presumptions of consent
- S75 (2) (a) – use of violence immediately before or at the time of sexual activity or causing C to fear immediate violence out be used.
- S75(2)(b) – threats of violence against another person
- S75(2)(c)– unlawfully detained C whilst D was not.
- S75(2)(d) – C was asleep or otherwise unconscious.
- S75(2)(e) – C’s physical disability meant unable to communicate to D whether consented or not.
- S75(2)(f) – D has administered or caused to administer a substance to C without their knowledge that was capable of causing or enabling C to be stupefied or overpowered at the time of the relevant act.

Question 9

Consent - S74

Answer 9

General definition fo consent
- Freedom
- Capacity
- Choice
- not defined institute - for hire jury to assess on facts of the case.

Question 10

Meaning of sexual - S 78

Answer 10

• A reasonable person would consider it sexual by its very nature
• R v H [2005] & Court [1989]