Sexual Offences

Question 1

What are the only offences under the SOA 2003, that are not gender-neutral?

Answer 1

Rape (Section 1) and Rape of a child under 13 (Section 5)

Question 2

Sexual Activities are aspects of a person’s what? In relation to the Human Rights Act.

Answer 2

Private Life - Article 8 of the HRA.

Question 3

What must be penetrated to commit the offence of rape, and what with?

Answer 3

The vagina, anus or mouth of another person with a penis

Question 4

What does the term vagina include?

Answer 4

The vulva.

Question 5

What might the jury consider when looking into the accused under s(1)?

Answer 5

If he took reasonable steps to see if the complainant consents, especially if they are in no established relationship.

Question 6

Regarding the rape of a child under 13, what are the two things that must be proved?

Answer 6

The child’s age and intentional penetration – irrespective of consent.

Question 7

What is irrelevant to prove regarding the offence of rape?

Answer 7

That the defendant ejaculated.

Question 8

The offence of rape can or cannot be committed by transexuals with surgically constructed penises

Answer 8

Yes, and it works with victims with surgically constructed vaginas.

Question 9

What are the two elements that make up the term consent?

Answer 9

1. Agrees by choice 2. Has capacity to make that choice.

Question 10

What does ‘true’ consent not include?

Answer 10

Submission by fear or fraud.

Question 11

If someone, tore, took off, or did not use a condom, when the consent based was off this condition of using one, would this amount to an offence?

Answer 11

Yes, this would as the condition was breached.

Question 12

If A intentionally ejaculates inside of B, when the consent was based off
withdrawing prior to ejaculation, does this amount to an offence?

Answer 12

Yes, as the condition is breached.

Question 13

If A lies about their gender, and B agrees to have sexual intercourse with them based off the lie A has told (For example, A who is a female, pretending to be a male), is A guilty of an offence?

Answer 13

Yes, as B was deceived and only had sex with A based on the condition they were a male.

Question 14

If A, who is HIV positive, is aware of this condition, but is not asked about
It prior to sexual intercourse, is this rape?

Answer 14

No, unless A lies about his condition.

Question 15

What offences does S.75 and S.76 relate to?

Answer 15

S.1 Rape, S.2 – Assault by penetration, S.3 – Sexual Assault and S.4 causing sexual activity without consent.

Question 16

What can the defendant do in court in relation to these evidential presumptions? (S.75)

Answer 16

Try and persuade the court against these evidential presumptions.

Question 17

What is presumption 1 (S.75)?

Answer 17

Where any person used at the time of the sexual act (or immediately before it began) violence against the victim or made the victim fearful of immediate violence against them.

Question 18

What is presumption 2 (S.75)?

Answer 18

• Where any person used at the time of the sexual act (or immediately before it began) violence against the victim or made the victim fearful of immediate violence against another person.

Question 19

What is presumption 3 (S.75)?

Answer 19

Where the victim, and the defendant was not, unlawfully detained at the time of the relevant act.

Question 20

What is presumption 5 (S.75)?

Answer 20

Because of the complainant’s disability, at the time of the sexual act would not be able to have consented.

Question 21

What is presumption 4 (S.75)?

Answer 21

Where the victim was asleep, or unconscious at the time of the relevant act.

Question 22

What is presumption 6 (S.75)?

Answer 22

Any person who had administered a substance to the victim without their consent, that stupefied them at the time of the relevant sexual act.

Question 23

– In relation to S.76, what can the defendant not do?

Answer 23

Cannot try and claim that consent was genuine

Question 24

What is conclusive presumption 1(S.76)?

Answer 24

Where the defendant tried to deceive the victim to the nature or purpose of the act.

Question 25

What is conclusive presumption 2 (S.76)?

Answer 25

Where the defendant impersonated someone known to the victim.

Question 26

Assault by penetration Q – What are the 4 elements of this offence?

Answer 26

A intentionally penetrates the anus or vagina of B with a part of his body (NOT PENIS), or anything else (Such as an object) 2. The penetration is sexual 3. B does NOT consent to the penetration, and 4. A does not reasonably believe that B consents to it.

Question 27

The definition of the term ‘sexual. Q – What are the two elements which make the act ‘sexual’, as a reasonable person would consider?

Answer 27

A – It is sexual by nature (For example masturbation) OR, because of its nature, it may be sexual and because of its circumstances, or the purpose of any person in relation to it, it is sexual.

Question 28

Sexual Assault Q – What are the 4 elements of this offence?

Answer 28

1. If A intentionally touches another person B) 2. The touching is sexual 3. B does not consent to the touching 4. A does not reasonably believe that B consents.

Question 29

The definition of the term ‘touching’ Q – What does the term touching include (3 Points)

Answer 29

With any part of the body 2. With anything else (object) 3. Through anything (clothing)

Question 30

Relating to sexual touching, Is there a requirement for a sexual organ to be touched?

Answer 30

No. Even external clothing, like a pocket hanging out that is grabbed can amount to an offence.

Question 31

In relation to sexual touching, does the victim need to be aware of the touching?

Answer 31

No, for example if someone ejaculates onto the victim without their knowledge which still amounts ot touching.

Question 32

Causing sexual activity without consent Q – What are the 4 elements of this offence?

Answer 32

1. . If A intentionally causes B to engage in an activity 2. That is sexual 3. B does not consent to engage in the activity 4. A does not believe that B consents

Question 33

In relation to Causing sexual activity without consent, Can the offence be completed if A is not present?

Answer 33

Yes

Question 34

In relation to Causing sexual activity without consent (Section 4), Does the activity have to have taken place?

Answer 34

Yes

Question 35

Does S.75 and s.76 apply to causing sexual activity without consent?

Answer 35

Yes

Question 36

Sections 1-4 of the SOA are mirrored with victims being 12 and under in sections … of the SOA?

Answer 36

– Sections 5-8.

Question 37

Can a child in law consent to any of the activities under sections 5-8 of the SOA?

Answer 37

no

Question 38

Under Sections 5-8 SOA, does it matter if the defendant had any reasonable believe as to the child’s age?

Answer 38

No – even if the defendant thought the victim was an adult, this does not matter.

Question 39

What is the difference between Section 4 SOA and Section 8 SOA?

Answer 39

A – It is not only causing to engage in a sexual act, but also inciting it too

Question 40

Under Section 8 SOA, does any sexual activity have to take place for a person to be guilty of this offence?

Answer 40

No, it can be mere incitement For example, attempting to make a person under 13 engage in sexual activity.