Sexual Offences Flashcards
FRAUD AS THE NATURE OF THE ACT
R v Williams
R v Flattery
FRAUD AS TO THE IDENTITY OF THE ACCUSED INDIVIDUAL
LANDMARK CASE: People (DPP) v. C
R v. Elbekkay
ANY PENETRATION (CARNAL KNOWLEDGE) IS SUFFICIENT
People (A.G) v Dermody
FRAUD AS TO THE ATTRIBUTES OF THE ACCUSED INDIVIDUAL
Papadimitropoulos v. R
FRAUD DOES NOT ALWAYS CONSTITUTE RAPE
R v. Linekar
RESISTANCE/FORCE IS NOT ALWAYS REQUIRED
R v. Olugboja
DISCLOSURE
R v. Dica
INTOXICATION
R v. Bree
WITHDRAWAL OF CONSENT
Kaitamaki v. R
Mens Rea for Attempted Rape (Case Law)
Both the offences of rape and attempted rape require IDENTICAL MENS REA, which is the intention to have sexual intercourse and the knowledge of, or recklessness as to, the absence of consent.
R v. Khan
STATUTE & SECTION WHICH PROVIDE THE DEFINITION OF RAPE
Criminal Law (Rape) Act 1981, section 2 (1) provides that:
A man commits rape if he has unlawful sexual intercourse with a woman who at the time of the intercourse did not consent to it, and at the time he knows or is reckless as to whether she does or does not consent to it.
STATUTE & SECTION WHICH PROVIDE THE DEFINITION OF RAPE
Criminal Law (Rape) Act 1981, section 2 (1) provides that:
A man commits rape if he has unlawful sexual intercourse with a woman who at the time of the intercourse did not consent to it, and at the time he knows or is reckless as to whether she does or does not consent to it.
MENS REA (Rape Conviction)
A man is aware of the absence of consent during the sexual intercourse or reckless as to whether the woman is consenting or not to the act.
ACTUS REA (Rape Conviction)
Absence of consent + Carnal Knowledge
DEFINITION OF CARNAL KNOWLEDGE
(Legislation)
Section 63 of the “Offences Against the Person Act 1861” provides that Carnal Knowledge is the penetration of the vagina by the penis (gender specific offence).
Carnal Knowledge is complete upon proof of penetration of the vagina by the penis. No need to be deep, any penetration is sufficient. No proof of actual emission of seed is required.
Definition of CONSENT
The voluntary, free and informed exercise of the will of an individual who is of the age of consent and with the REQUISITE MENTAL CAPACITY.
Fraud as to the nature of the act may arise in what two situations?
a) Complainant consented to non-sexual physical touching, where the individual deliberately goes beyond what was consented to;
b) Complainant is ignorant of sexual matters/nature of the act and is persuaded to have intercourse believing it was some beneficial/medical treatment
Subjective Test - Recklessness
DPP v. Morgan
PRIOR SEXUAL HISTORY
Section 3 of the Criminal Law (Rape) Act 1981 provides that:
- Expect with the approval of the Judge can the accused person or his representative (barrister) ask about any sexual experience of the complainant person.
WHEN THE PRIOR SEXUAL HISTORY RELATES TO THE TWO INDIVIDUALS THEN IT IS CONSIDERED REASONABLE AND ACCEPTABLE.
CORROBORATION REQUIREMENT
Section 7 (1) of the Criminal Law Rape (Amendment) Act 1990 provides that:
- The Judge has the DISCRETION whether or not to give a CORROBORATION WARNING TO THE JURY.
DEFINITION OR CORROBORATION
Independent evidence connecting the accused individual with the crime.
PUBLICATION OF COMPLAINANT & DEFENDANT
Section 7 of the Criminal Law (Rape) Act 1981 makes it an OFFENCE to publish/broadcast material that identifies the COMPLAINANT in a rape trial.
Section 8 of the Criminal Law (Rape) Act 1981 provides that the accused shall remain ANONYMOUS unless the court permits their identification (up to the point of conviction).
DEFINITION OF SEXUAL ASSAULT
Section 2 of the Criminal Law Rape (Amendment) Act 1990 provides that the offence of INDECENT ASSAULT UPON any female or male person.
ACTUS REUS OF SEXUAL ASSAULT
Section 2 of the Criminal Law Rape (Amendment) Act 1990 provides that the ACTUS REUS of sexual assault include TWO elements:
a) an assault;
b) circumstances of indecency.
