Sexual Offences

Question 1

Assault by penetration
Sexual offences act 2003 Section 2
Triable on indictment
Life imprisonment

Answer 1

A person (A) commits an offence if
He intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else
The penetration is sexual
B does not consent to the penetration
A does not reasonably believe that B consents

Question 2

Section 78 defines the term ‘sexual’

Answer 2

Any part of it relates to sexual activity or
A reasonable person would in all the circumstances but regardless of the person’s purpose consider any part of the communication to be sexual

Question 3

Sexual assault
Sexual offences act 2003 section 3
Triable either way
10 years imprisonment on indictment
Six months imprisonment and/ or fine

Answer 3

A person (A) commits an offence if
He intentionally touches another person
The touching is sexual
B does not consent to the touching and
A does not reasonably believe that B consents

Question 4

The definition of the term ‘touching’
Section 79

Answer 4

Section 79 states that touching includes:
with any part of the body
With anything else
Through anything
And in particular, touching amounting to penetration (can include kissing)

Question 5

Causing a person to engage in sexual activity without consent section 4
Triable either way
10 years imprisonment on indictment six months imprisonment and or a fine

Answer 5

A person (A) commits an offence if
He intentionally causes another person (B) to engage in an activity
The activity is sexual
B does not consent to engaging in the activity and
A does not reasonably believe that B consents

Question 6

Section 5
Rape of a child under 13
Sexual offences act 2003

Answer 6

(1)A person commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b)the other person is under 13

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Question 7

Section 6
Assault of a child under 13 by penetration

Answer 7

6Assault of a child under 13 by penetration
(1)A person commits an offence if—

(a)he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,

(b)the penetration is sexual, and

(c)the other person is under 13.

(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Question 8

Rape
Section 1

Answer 8

A person commits an offence if
He intentionally penetrates the vagina, anus or mouth of another person with his penis
Does not consent to the penetration
Does not reasonably believe that b consents

Question 9

Section 74
Consent

Answer 9

Any consent given must be true consent not simply a submission induced by fear or fraud

Question 10

Section 76
Conclusive presumptions about consent

Answer 10

Deceives the victim regarding the nature and purpose of the act
Induces the victim to consent to the relevant act by impersonating a person known to them

Question 11

Section 75

Evidential presumptions about consent

Answer 11

S substance to stupefy
L locked up (unlawfully detained)
A asleep/ unconscious
V violence or fear of violence to that person or another
E e mobilised (disabled)

Question 12

Consent under s74, S75 & S76 apply to which offences

Answer 12

Rape, assault be penetration, sexual assault by touching and causing sexual activity without consent

Question 13

Examples of causing a person to engage in sexual activity without consent

Answer 13

Woman making a man penetrate her, man forcing someone else to masturbate, a woman making another woman masturbate a third person or even an animal

Question 14

Anonymity

Answer 14

This means the victim or alleged to be the victim is entitled to this and is atomically applied from the time an allegation is made. Does not matter if the allegation is false. Last entire lifetime of the victim until day of passing.
It can only be removed by court order.

Question 15

What offences does Anonymity cover

Answer 15

Rape
Assault by penetration/ touching
Child sex offences
Abuse of trust
Majority of sexual offences

Question 16

How can Anonymity be removed

Answer 16

Written consent by the victim they have to be over age of 18 years
Or
By court order so witnesses can come forward or in the public interest