Sexual Offences

Question 1

Outline the definition of rape

Answer 1

s1 of the Sexual Offences Act 2003 - a person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth another person (B) with his penis, B does not consent to the penetration, and A does not reasonably believe that B consents.
s1 (2) - Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

Question 2

Outline the actus reus of rape

Answer 2

The defendant penetrated the vagina, anus or mouth of the victim with their penis.

Question 3

Outline the men’s rea of rape

Answer 3

The defendant intended to penetrate the vagina, anus or mouth of the victim with their penis;
The defendant did not reasonably believe that the victim consented to the penetration.

Question 4

Outline what s2 of the SOA 2003 states

Answer 4

Penetration with objects or other parts of the money aside from a penis will not amount to rape.
However, it will amount to assault by penetration.

Question 5

What does s79 (2) of the SOA say?

Answer 5

Penetration is a continuing act from entry to withdrawal → significant as it means that the complainant can withdraw their consent at any time / any act from that point after withdrawal is rape.

Question 6

Outline the definition of consent

Answer 6

s74 - a person consents if he agrees by choice, and has the freedom / capacity to make that choice, e.g Oluboja [1982], Kirk [2008], R (F) v DPP [2013], Assange [2011], McNally [2013], Bree [2007]
The prosecution need to question whether:

• the victim consented
• whether the defendant thought the victim was consenting

Doesn’t apply to consent through pressure

Question 7

Outline the definition of conclusive presumptions / deception as to the nature or purpose of the Act

Answer 7

s76 (2) (a) - when the defendant intentionally deceives the complainant as to the nature / purpose of the act, i.e Williams [1923] / Flattery [1877] / Jheeta [2007] / Devonald [2008] / Assange [2011] - the defendant will be convicted due to the lack of consent / lack of reasonable belief

Question 8

Outline the definition of conclusive presumptions / intentionally deceiving the complainant

Answer 8

s76 (2) (b) - the defendant intentionally deceived the complainant by impersonating someone known personally to the complainant, e.g Elbekkay [1995]

Question 9

What should the complainant do if these conclusive presumptions don’t apply?

Answer 9

Question if there’s a s75 evidential presumption?
Rebuttable?
Meaning that the complainant must provide sufficient evidence to prove that they did not consent to the act taking place, shifting the burden of proof onto the defendant.

Question 10

Outline the definition of sexual assault

Answer 10

s3 - the defendant touches the victim sexually.
s79 (8) - touching includes (a) with any part of the body (b) with anything else (c) through anything, and includes touching amounts to penetration.
S78 (a) - what is sexual is dependent on ‘whatever its circumstances or any person’s purpose in relation to it, is it because of its sexual nature or…
(b) - because of its nature it may be sexual & because of its circumstances or the purpose of any person in relation to it (or both) it is sexual’.

Question 11

Outline the actus reus of sexual assault

Answer 11

When A touches B, the touching is sexual and B does not consent.

Question 12

Outline the men’s rea of sexual assault

Answer 12

Intentionally touching & the defendant does not reasonably believe B is consenting.

Question 13

Outline what s4 of the SOA 2003 states

Answer 13

Causing a person to engage in sexual acts without their consent.