Sexual Offences

Question 1

What is the AR of Rape?

Answer 1

1. Penetration of the anus, mouth or vagina
2. With a penis
3. V does not consent

Question 2

What is the MR of Rape?

Answer 2

1. Intention as to the penetration

2. No reasonable belief in consent

Question 3

Penetration is a continuing act. Which section of which Act?

Answer 3

Section 79(3) SOA 2003

Question 4

Whether a belief is reasonable is to be determined with regards to all the circumstances, including any steps A has taken to ascertain whether B consents. Which section of which Act?

Answer 4

Section 1(2) SOA 2003

Question 5

A person consents if he or she agrees by choice and has the freedom and capacity to make that choice. Which section of which Act?

Answer 5

Section 74 SOA 2003

Question 6

Drunk people can consent to sex, but “the ability to consent may evaporate before a complainant becomes unconscious”. Which judge in which case?

Answer 6

Sir Igor Judge in R v Bree

Question 7

What is Sir Igor Judge’s ruling in R v Bree?

Answer 7

Drunk people can consent to sex, but “the ability to consent may evaporate before a complainant becomes unconscious”

Question 8

Where are the rebuttable presumptions which mean that a defendant is to be taken not to have reasonably believed that there was consent in the SOA 2003?

Answer 8

Section 75 SOA 2003

Question 9

Where are the conclusive circumstances which mean that a defendant is to be taken not to have reasonably believed that there was consent in the SOA 2003?

Answer 9

Section 76 SOA 2003

Question 10

It is not necessary for a defendant to communicate a lack of consent. which case?

Answer 10

R v Malone

Question 11

What is the AR of assault by penetration?

Answer 11

1. Penetration of the vagina or anus of V with part of D’s body or anything else
2. The defendant does not consent
3. The penetration is sexual

Question 12

What is the MR of assault by penetration?

Answer 12

1. Intention as to the penetration

2. No reasonable belief in consent.

Question 13

What is the AR of sexual assault?

Answer 13

1. Touching
2. The touching is sexual
3. V does not consent

Question 14

“Touching” can include touching through clothes. Which case?

Answer 14

R v H

Question 15

What is the test for whether something is “sexual”. Which section of which Act??

Answer 15

Section 78 SOA 2003

An act is sexual if:

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.

Question 16

A dentist sees a patient he is sexually excited by. He examines her mouth and is aroused by touching it. Could this be “sexual”?

Answer 16

It is not “whatever it’s circumstances” a sexual act. It may be sexual because of the circumstances but is unlikely to be.

Question 17

There is no requirement for a struggle or any demonstration of a lack of consent from a victim

Answer 17

R v Olugboja