Sexual Offences

Question 1

What Act directly links to sexual offences?

Answer 1

Sexual Offences Act 2003

Question 2

What does the sexual offences act 2003 s.1 say?

Answer 2

Rape is about control and power over ones autonomy.
-Person A intentionally penetrates the vagina, mouth or anus with his penis
-B does not consent to the penetration
-A does not reasonably believe that B consents

Question 3

What sub section of the sexual offences Act 2003 talks about the Actus Reus for rape?

Answer 3

S.79

s.79(2) defines penetration is a continuing act
-2003 act extends this to oral penetration.
-S.79 includes surgically reconstructed body parts.

Question 4

One type of consent and the act

Answer 4

Conclusive presumptions - s.76(2)
-Defendant intentionally deceived the victim as to the nature of their acts

Question 5

General capacity to consent and the act

Answer 5

Victim must have sufficient capacity to consent and consideration of age and overall vulnerability - Sexual Offences Act 2003

Question 6

Does pressure constitute consent?

Answer 6

No. If there’s fear of violence this relates to section 75. Pressure is not consent

Question 7

Mens Rea and Actus rea of rape and its act and section.

Answer 7

Mens Rea of rape.
-Intention to penetrate the mouth, anus or vagin of the victim
-Weather a reasonable person would believe the victim
-Whether a reasonable person would believe they gave A consent and if a reasonable person would think the victim consented.

Actus reus -
D penetrates the vagina, mouth or anus
-Penetration is sexual
-The victim does not consent

The act that highlights this is the sexual offences Act S.2

Question 8

Potential defence

Answer 8

Mistake in V’s consent: Only applicable if mistake in V’s consent was reasonable and honest.