Sexual Offences

Question 1

Rape act?

Answer 1

S2(1) criminal law (rape) act 1981

Question 2

When does a man commit rape?

Answer 2

Has unlawful sex with woman who at the time does not consent / knows she does not consent or is reckless

Question 3

Penetration?

Answer 3

S1(2) rape act: deemed complete upon proof of penetration, not necessary to prove emission
AG v Dermody 1956 (penetrated vagina a wee bit)

Question 4

Fraud?

Answer 4

Fraud as to identity or nature may nullify consent
Dpp v C 2001: knowledge or understanding of facts material to the act is necessary for consent to be voluntary

Question 5

Fraud as to attributes?

Answer 5

Does not vitiate consent
Papadimitropolous v R 1957 (marriage)
McAuley: fraud as to essential element of act with which law is concerned

Question 6

Fraud as to nature of act?

Answer 6

Arises in two ways:
Person goes beyond what was consented to
Complaint is ignorant of sexual matters
R V Williams 1923 (singing)

Question 7

Presence of fraud?

Answer 7

Not enough to ground rape charge
R v linekar 1995 (prostitutes)

Question 8

Resistance?

Answer 8

Not necessary to show
S9 rape act

Question 9

When does question of disclosure arise?

Answer 9

Individual engaged in unprotected sec without informing of disease
R v Cuerrier 1998: failure to disclose vitiated / true consent would be to have intercourse with HIV+ partner
R v Dica 2004: did not vitiate consent (orbiter) held not been defrauded as to nature of act
Charleton suggests might be covered under s4 non fatal offences

Question 10

Intoxication?

Answer 10

R v Bree 2007: found voluntary consumption of alcohol did not by itself remove capacity to consent
However if capacity to choose wether to have sex was lost she was not consenting

Question 11

Withdrawal of consent?

Answer 11

Man guilty of rape if he continues after realising woman no longer consenting
R v Kaitamaki 1984 (became aware only after penetration)

Question 12

Prior sexual history?

Answer 12

S3 rape act 1981: no evidence shall be adduced at the trial about any sexual experience of the complainant with any person

Question 13

Sexual Assault?

Answer 13

S2(1) rape act 1990: offence of indecent assault upon male/ female shall now be known as sexual assault

Question 14

Elements of actus reus of assault?

Answer 14

Assault & circumstances of indecency

Question 15

Sexual assault: assault?

Answer 15

Carries same meaning as S2 of NFAP act 1997
Fairclough v Whipp 1951 (invitation to touch penis)

Question 16

Sexual Assault: Indecency?

Answer 16

R v Court 1989: ( buttock fetish)
Would right minded persons think was indecent?

Question 17

Sexual assault: men’s Rea?

Answer 17

Intention / recklessness
Test (R v Court):
Intentionally assaulted
Reasonable man would think indecent
Accused intended to commit assault

Question 18

Sexual assault: Consent?

Answer 18

May be defence
Depends on age & nature of assault

Question 19

Sexual assault: Age?

Answer 19

S14 criminal law amended act 1935:
Consent shall not be defence to charge upon person under 15
DPP v WN 2003: A child cannot give any valid or true consent to such abuse

Question 20

Sexual Assault: Nature of assault? (Consent)

Answer 20

S2 NFAP Act 1997 allows for defence of consent
R v Brown 1994 (discovered by chance)
HOL found not in public interest to assault for no reason & in the absence of such reason victims consent afforded no defence
R v Wilson 1996 (buttocks) COA quashed conviction

Question 21

Aggravated sexual assault?

Answer 21

Gender neutral
S3 Rape act 1990: SA that involves serous violence or threat of or is such to cause injury, humiliation or degradation of grave nature

Question 22

S4 rape?

Answer 22

Penetration of mouth / anus by penis
Penetration of vagina by object

Question 23

SO against mentally impaired

Answer 23

S5 1993 Act: person who has / attempts sex / buggery with mentally impaired person other than marriage

Question 24

CC v Ireland 2006?

Answer 24

Believed complainant over 15 & submitted reasonable belief of age would form part of defence if not for prohibition
S1(1) criminal law amendment act 1935 deemed repugnant: provision which imposed person without mental guilt to max sentence failed to respect liberty or dignity of individual

Question 25

Criminal law sexual offences act 2006?

Answer 25

Repealed S1(2), 2 of 1935 act & S3 & 4 of 1993 Act 10 days after CC

Question 26

Defilement of a child under 15?

Answer 26

S2(1) 2006 act provided offence to engage in sexual act with child under 15
S2(3) provides for defence of honest belief

Question 27

Defilement of a child under 17?

Answer 27

S3(1) of 2006 act

Question 28

Female child under 17 not guilty of offence?

Answer 28

S5 2006 act
Constitutionalty questioned in D v Ireland 2010
P charged with S3 Offence. At time he was 15 & she was 14