Sexual Offences Flashcards
Rape (AR, MR and Act)
Sexual Offences Act s 1
- AR: for rape is committed when A’ penis penetrates either the vagina, anus, or mouth of B, without the consent of B and
MR: without A’s reasonable belief that B consented.
Assault by penetration (AR, MR and Act)
S 2 Sexual Offences Act
AR: committed if A intentionally penetrates vagina or anus with any body part of As body (not penis bc that is S 1) or anything else.
Penetration must be** sexual and B must not consent **and A must not reasonably believe there was consent.
MR: is the** intentional penetration**, and not reasonably believing there was consent.
Sexual Assault (AR, MR and Act)
S 3 Sexual Offences Act
AR: A intentionally touches B, touching is sexual, B does not consent,
MR: A does not reasonably believe B consents.
Effect:
summary conviction: imprisonment not exceeding 6 months
Conviction on indicted: not exceeding 10 yrs.
Causing a person to engage in sexual activity without consent
S 4 Sexual Offences Act
AR: A intentionally causes B to engage in activity, activity is sexual, B does not consent
MR: A does **not reasonably believe **B consent. (Reasonable is determined with consideration for all circumstances and steps A took to ascertain if B consented.)
S 4(4) A person guilty of an offence under this section if activity involved:
Penetration of B’s anus/vagina,
oral penetration with a person’s penis,
Penetration of A’s anus or vagina with part of B’s body or by B using anything else OR
Oral penetration with B’s penis.
definition of ‘sexual’
**S 78 SOA
Penetration, touching or any other activity is sexual if a reasonable person would consider
(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual (example is foot fetish putting on shoes at store)
**R v H: ** s 78(b) was interpreted as 2 separate questions; 1) whether bc of circumstances it was sexual or
2) the purpose of any person in relation to the touching it was sexual (or both). [12]
definition of ‘touching’
S 79(8)
definition of ‘consent’
S 74 SOA 2003
person consents if he agrees by choice, and has the freedom and capacity to make that choice.
evidential presumptions about consent:
S 75 SOA:
(1) If in proceedings for an offence to which this section applies it is proved—
(a)that the defendant did the relevant act,
(b)that any of the circumstances specified in subsection (2) existed, and
(c)that the defendant knew that those circumstances existed,
(2) The circumstances are that—
(a) (fear of or actual violence against C) any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;
(b) **(fear of or actual violence against another person), **
any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;
(c) the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
(d) the complainant was asleep or otherwise **unconscious **at the time of the relevant act;
(e) (physical disability precluding consent),
because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;
(f) (drugged) any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.
(3) In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.
Conclusive presumptions about consent
S 76 SOA
(1)**If **proved that D did the relevant act and that any of the circumstances specified in subsection (2) **existed, **it is to be conclusively presumed—
(a)that the complainant did not consent to the relevant act, and
(b)that the defendant did not believe that the complainant consented to the relevant act.
(2)The circumstances are that—
(a)the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act; (more shoe example, foot fetish and touching clients feet)
(b)the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
intentionally decieved may include grooming or where **considered sexual
‘Relevant Acts’ of S 75, s 76 SOA
S 77 SOA
relevant act referred to in s 75, s 76:
S1 (rape): D intentionally pentrates, with penis, the vagine mouth or anus of another person
s2(assault by penetration) D intentionally penetrates with body part or anything else, vagine, mouth, or anus; penetration is sexual.
s3 (sexual assault) D intentionally touch C, touch is sexual
s4 (causing person to engage in sexual activity w/out consent) D intentioally causing C to engage in activity, activity is sexual.
general interpretation:
(2) Penetration = continuing act from entry to withdrawal.
(3) (gender reassignement includes part of body) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).
(4)“Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.
(5)References to an image of a person include references to an image of an imaginary person.
(6)“Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).
(7)References to observation (however expressed) are to observation whether direct or by looking at an image.
(8)Touching includes touching—
(a)with any part of the body,
(b)with anything else,
(c)through anything,
and in particular includes touching amounting to penetration.
(9)“Vagina” includes vulva.
(10)In relation to an animal, references to the vagina or anus include references to any similar part.]
closely connected test
Authority: Lawrence
deception which is closely connected with “the nature or purpose of the act”, because it relates to sexual intercourse itself rather than the broad circumstances surrounding it is capable of negating a complainant’s free exercise of choice (ie **negates consent) **for the purposes of section 74 of the 2003 Act.
Deceptions must be closely connected to the performance of the sexual act, or intrinsically fundamental, owing to that connection, that they can be treated as cases of impersonation (Lawrence) [33]
