Sexual Offences Flashcards
What is the definition if sexual?
(a) whatever it’s circumstances or any persons purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual or because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
What is the definition of rape?
A person commits an offence if he intentionally penetrates with his penis another’s mouth, vagina or anus, without their consent, and he does not reasonably believe they consent
What is the definition of assault by penetration?
A person commits an offence if she/he intentionally penetrates sexually with anything another’s vagina or anus, without their consent, and she/he does not reasonably believe they consent
Does assault by penetration include penetrating the mouth?
No
What is the definition of sexual assault?
A person commits and offence if she/he intentionally sexually touches another person without their consent, and she/he does not reasonably believe they consent
What is the definition of causing a person to engage in sexual activity without consent?
A person commits and offence if she/he intentionally causes another person to engage in a sexual activity without their consent, and she/he does not reasonably believe they consented
Can a person under the age of 13 give consent to have sex?
No
What is the definition of trespass with intent to commit a sexual offence?
It is an offence for a person to intend to commit a “relevant sexual offence” whilst she/he is on any premises where she/he is a trespasser, either knowing, or being reckless as to whether, she/he is trespassing.
In relation to the offence of trespassing with intent to commit a sexual offence, does the person have to have to commit the offence for there to be an offence?
No, there is an offence as soon as the person intends to commit a sexual offence.
How many years imprisonment can be given for trespassing with intent to commit a sexual offence?
Up to 10 years
What is the definition of exposure?
66 (1) a person commits and offence if:
(a) she/he intentionally exposes his genitals, and
(b) she/he intends that someone will see them and be caused alarm or distress
Is exposure gender specific?
No, male of female can commit this offence.
What is the definition of Outraging public decency?
It is an offence to:
- commit an act of lewd,
- obscene or disgusting nature, and
- outrage public decency
What law is outraging public decency?
Common law
If someone is seen having a poo in public, what offence are they committing?
Outraging public decency
Common law offence