Sexual Offences

Question 1

Rape s.1 [p.297]

Answer 1

Intentionally penetrates the vagina, anus or mouth of another person with his penis, B does not consent, and A does not reasonably believe that B consents.
Conduct = penetration
Circumstance = lack of consent
Concequence = none
Actus reus, penetration, is continual = R (F) v DPP

Question 2

s.2 - assault by penetration

Answer 2

Intentionally penetrates vagina or anus, penetration is sexual, B does not consent, A does not reasonably believe that B consents
s.78 = penetration, touching or any other activity is sexual if a reasonable person would consider that

Question 3

Sexual Assault - s.3

Answer 3

• Intentionally touches, touching is sexual, B does not consent to touching, A does not reasonably believe that B consents
• Touches = with anything and through anything – R v H = D pulls on clothing
• Sexual = s.78 = penetration, touching or any other activity is sexual if a reasonable person would consider that

Question 4

Causing another person to engage in sexual activity – s.4

Answer 4

Intentionally causes another to engage in sexual activity, the activity is sexual, B does not consent, A does not reasonably believe that B consents

Question 5

Definitions

Answer 5

Sexual = s.78 - if a reasonable person believes it to be so
Consent = s.74
Shortcuts to consent = s.75 + s.76

Question 6

s.76

Answer 6

Intentionally deceived as to nature or purpose or impersonation [known to V]
- (2)(a) – Nature = D presents the act as not sexual but actually is
– Williams + Assange (still sexual in nature)
- (2)(b) – Purpose = D leads V to believe that something was not their purpose but actually was
– Jheeta + Tobassum

Question 7

s.75

Answer 7

= rebuttable evidentiary presumption
Immediate violence or threat of
unlawfully detained
asleep or unconscious
unable to communicate consent [through disability]
administered substance so unable to consent.

Question 8

s.74 = consent

Answer 8

Consent = freedom by choice, Informed and capacity to make it

• Olugboja - how much pressure did V feel? Quality and not quantity of pressure and it depends on V [consnet is a spectrum as argued by Gardner]
• Malone = too drunk, so no resistance, but not by choice
• Can place conditions to consent and if broken, then no consent: R [F] v DPP
• Preconditions, however, have to be explicit – Lawrence + RvB

Question 9

Essay Questions
Advanatges and Disadvantages of SOA

Answer 9

• consent is a spectrum, controversial as people respond to pressure differently and the jury will have different ideas of pressure
• lot sof cases caught out by the fact that they are still sexual in nature [s.2(a)]
• preconditions [R(F) v DPP] have to be explicit means that many cases may fail on this point, is it too high a standard [R v Lawrence]