Sexual Offences Flashcards
In which court is rape under s1 SOA 2003 tried?
Rape is an indictable-only offence and can only be tried in the Crown Court
What is the maximum penalty for rape under s1 SOA 2003?
Life imprisonment
What type of penetration does s1 SOA 2003 require?
Penile penetration of the vagina, anus, or mouth of another person
What is meant by “continuing act” in relation to penetration?
Under s79(2) SOA 2003, penetration is considered a continuing act, meaning that if consent is withdrawn during penetration, it can still constitute rape if penetration continues
What are the two key elements required for rape under s1 SOA 2003?
1) Actus reus: Penile penetration without consent
2) Mens rea: Intentional penetration without a reasonable belief in consent
What are the two components of the actus reus of rape?
- Penile penetration of the vagina, anus, or mouth
- Lack of consent from the complainant
What are the two elements of the mens rea of rape?
- Intentional penetration (not accidental)
- No reasonable belief in consent
How is reasonable belief in consent determined?
The belief must be reasonable in the circumstances, considering whether the defendant took steps to ascertain consent
Under s74 SOA 2003, when is consent legally valid?
A person consents if they agree by choice and have the freedom and capacity to make that choice
What are the two types of presumptions about consent under SOA 2003?
1) Conclusive Presumptions (s76) – No consent under any circumstances
2) Evidential Presumptions (s75) – If certain conditions exist, lack of consent is presumed unless the defendant rebuts it
What two scenarios under s76 SOA 2003 create a conclusive presumption of no consent?
- Deception about the nature or purpose of the act (e.g., falsely claiming a medical procedure)
- Impersonation of someone personally known to the complainant (e.g., pretending to be their partner)
Give a case example where deception about the nature of the act led to a conclusive presumption of no consent
Williams [1923] – A singing teacher deceived a student into believing penetration was a breathing exercise
What are the five situations under s75 where lack of consent is presumed?
- Violence or fear of violence
- Unlawful detention
- Sleep or unconsciousness
- Inability to communicate due to disability
- Administration of a substance causing incapacity
What does “freedom to consent” mean under s74 SOA 2003?
Consent must be given freely and not due to pressure, fear, or coercion
Under s1(2) SOA 2003, how is the reasonableness of a belief in consent determined?
The court considers whether the defendant took steps to ascertain consent, including verbal confirmation or non-verbal cues
