Sexual Offences

Question 1

What does the Sexual Offences Act (SOA) 2003 replace?

Answer 1

The original Act of 1956 and common law offences

The SOA 2003 addresses new challenges and societal contexts.

Question 2

What new offence was created by the SOA 2003?

Answer 2

Assault by penetration

This was defined and established as a distinct offence.

Question 3

How is rape defined under the SOA 2003?

Answer 3

A person (A) commits an offence if:
* A intentionally penetrates the vagina, anus, or mouth of another person (B) with his penis
* B does not consent to the penetration
* A does not reasonably believe that B consents

Question 4

What are the elements of the offence of rape?

Answer 4

Actus reus and mens rea:
- Actus reus: penetration and lack of consent
- Mens rea: intention to penetrate and lack of reasonable belief in consent

Question 5

What constitutes the actus reus of rape?

Answer 5

Penetration of the vagina, anus, or mouth with A’s penis and lack of consent from B

This is defined under section 1 of the SOA 2003.

Question 6

What is required for mens rea in the context of rape?

Answer 6

Intention to penetrate and lack of reasonable belief in B’s consent

Question 7

Is accidental penetration a valid defense in rape cases?

Answer 7

No, the penetration must be intentional

Question 8

What is the significance of consent in sexual offences?

Answer 8

Consent must be freely given and is integral to almost every sexual offence

Lack of consent is part of the actus reus, not mens rea.

Question 9

How is consent defined under section 74 of the SOA 2003?

Answer 9

A person consents if he agrees by choice, and has the freedom and capacity to make that choice

Question 10

What case established the issue of consent and intoxication?

Answer 10

R v Bree [2007] EWCA Crim 804

Question 11

What does section 76 of the SOA 2003 cover?

Answer 11

Irrebuttable presumptions regarding consent, including deception about the nature or purpose of the act and impersonation

These presumptions cannot be rebutted.

Question 12

What are some examples of irrebuttable presumptions under section 76?

Answer 12

Examples include:
* Deception about the nature or purpose of the act (s.76(2)(a))
* Impersonation of a person known to the complainant (s.76(2)(b))

Question 13

What are rebuttable presumptions under section 75?

Answer 13

Circumstances presumed to indicate no consent unless rebutted, including:
* Use of violence
* Complainant being asleep or unconscious
* Complainant’s physical disability
* Administration of substances without consent

Question 14

What is the marital rape exception in common law?

Answer 14

Husbands could not legally rape their wives, as marriage was deemed valid consent

Question 15

What case overruled the marital rape exception?

Answer 15

R v R [1991] 1 AC 599

Question 16

What does section 2 of the SOA 2003 define?

Answer 16

Assault by penetration

A person commits an offence if they intentionally penetrate the vagina or anus of another without consent.

Question 17

What constitutes sexual assault under section 3 of the SOA 2003?

Answer 17

A person commits an offence if:
* He intentionally touches another person
* The touching is sexual
* B does not consent
* A does not reasonably believe B consents

Question 18

Under section 78, how is ‘sexual’ defined?

Answer 18

Activity is sexual if a reasonable person would consider it sexual by nature or circumstances

Question 19

What is the offence defined in section 4 of the SOA 2003?

Answer 19

Causing a person to engage in sexual activity without consent

Question 20

What is the maximum penalty for causing sexual activity without consent involving penetration?

Answer 20

Imprisonment for life on conviction on indictment

Question 21

Can women commit the crime of rape under the SOA 2003?

Answer 21

No, women cannot commit rape but can be accomplices to it, instead they can commit sexual assault

Question 22

What is the legal consequence of ‘forced to penetrate’?

Answer 22

Prosecuted as assault by penetration if a woman forces sex

Question 23

What is the maximum imprisonment term for a person convicted under section 4 on summary conviction?

Answer 23

6 months

This applies to offenses under the specified section.

Question 24

What is the maximum imprisonment term for a person convicted under section 4 on conviction on indictment?

Answer 24

10 years

This applies to offenses under the specified section.

Question 25

Can women commit the crime of rape according to section 1?

Answer 25

No

Women can be accomplices to rape but cannot commit the crime themselves.

Question 26

What are the charges for forced sex by a woman?

Answer 26

• Assault by penetration (section 2)
• Sexual assault (section 3)
• Causing a person to engage in sexual activity without consent (section 4)

The term ‘forced to penetrate’ refers to section 4.

Question 27

What is the potential maximum sentence for causing a person to engage in sexual activity without consent?

Answer 27

Life sentence

This applies to the charge under section 4.

Question 28

What are some newer challenges in sexual offences?

Answer 28

• The role of technology (deepfakes, revenge porn)
• Gender identity and consent (R v McNally [2013] EWCA Crim 1051)

These challenges reflect contemporary issues in sexual offence cases.

Question 29

What longstanding challenge relates to societal attitudes about rape?

Answer 29

‘Real rape’

This concept refers to persistent societal beliefs about what constitutes rape.

Question 30

What are rape myths and how are they relevant to sexual history evidence?

Answer 30

Rape Myths and Sexual History Evidence (R v Evans (Chedwyn) [2016] EWCA Crim 452)

This case illustrates how societal myths about rape can impact legal proceedings.

Question 31

Fill in the blank: Women can be an accomplice to _______.

Answer 31

rape

This is due to the wording of section 1.

Question 32

True or False: A woman can be convicted of rape under section 1.

Answer 32

False

The legislation specifies that women cannot commit the crime of rape.