Sexual Offences Flashcards
What does the Sexual Offences Act (SOA) 2003 replace?
The original Act of 1956 and common law offences
The SOA 2003 addresses new challenges and societal contexts.
What new offence was created by the SOA 2003?
Assault by penetration
This was defined and established as a distinct offence.
How is rape defined under the SOA 2003?
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
What are the elements of the offence of rape?
Actus reus and mens rea:
- Actus reus: penetration and lack of consent
- Mens rea: intention to penetrate and lack of reasonable belief in consent
What constitutes the actus reus of rape?
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.
What is required for mens rea in the context of rape?
Intention to penetrate and lack of reasonable belief in B’s consent
Is accidental penetration a valid defense in rape cases?
No, the penetration must be intentional
What is the significance of consent in sexual offences?
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.
How is consent defined under section 74 of the SOA 2003?
A person consents if he agrees by choice, and has the freedom and capacity to make that choice
What case established the issue of consent and intoxication?
R v Bree [2007] EWCA Crim 804
What does section 76 of the SOA 2003 cover?
Irrebuttable presumptions regarding consent, including deception about the nature or purpose of the act and impersonation
These presumptions cannot be rebutted.
What are some examples of irrebuttable presumptions under section 76?
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))
What are rebuttable presumptions under section 75?
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
What is the marital rape exception in common law?
Husbands could not legally rape their wives, as marriage was deemed valid consent
What case overruled the marital rape exception?
R v R [1991] 1 AC 599
What does section 2 of the SOA 2003 define?
Assault by penetration
A person commits an offence if they intentionally penetrate the vagina or anus of another without consent.
What constitutes sexual assault under section 3 of the SOA 2003?
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
Under section 78, how is ‘sexual’ defined?
Activity is sexual if a reasonable person would consider it sexual by nature or circumstances
What is the offence defined in section 4 of the SOA 2003?
Causing a person to engage in sexual activity without consent
What is the maximum penalty for causing sexual activity without consent involving penetration?
Imprisonment for life on conviction on indictment
Can women commit the crime of rape under the SOA 2003?
No, women cannot commit rape but can be accomplices to it, instead they can commit sexual assault
What is the legal consequence of ‘forced to penetrate’?
Prosecuted as assault by penetration if a woman forces sex
What is the maximum imprisonment term for a person convicted under section 4 on summary conviction?
6 months
This applies to offenses under the specified section.
What is the maximum imprisonment term for a person convicted under section 4 on conviction on indictment?
10 years
This applies to offenses under the specified section.
Can women commit the crime of rape according to section 1?
No
Women can be accomplices to rape but cannot commit the crime themselves.
What are the charges for forced sex by a woman?
- 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.
What is the potential maximum sentence for causing a person to engage in sexual activity without consent?
Life sentence
This applies to the charge under section 4.
What are some newer challenges in sexual offences?
- 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.
What longstanding challenge relates to societal attitudes about rape?
‘Real rape’
This concept refers to persistent societal beliefs about what constitutes rape.
What are rape myths and how are they relevant to sexual history evidence?
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.
Fill in the blank: Women can be an accomplice to _______.
rape
This is due to the wording of section 1.
True or False: A woman can be convicted of rape under section 1.
False
The legislation specifies that women cannot commit the crime of rape.
