Sexual Offences

Question 1

Where, in the Sexual Offences Act (SOA) 2003, do you find the definition of rape?

Answer 1

S.1

Question 2

Where in the SOA 2003 do you find the definition of assault by penetration?

Answer 2

S.2

Question 3

Where in the SOA 2003 do you find the definition of sexual assault?

Answer 3

S3

Question 4

What is the test for establishing whether the touching was sexual, when it is not of its nature sexual under s.78(b)? Which case established this?

Answer 4

(1) Would the jury, as 12 reasonable people, consider that the touching COULD be sexual?
(2) Would the jury, as 12 reasonable people and IN ALL THE CIRCUMSTANCES OF THE CASE, consider that the purpose of the touching HAD IN FACT been sexual?
R v H [2005]

Question 5

Where in the SOA 2003 is causing a person to engage in sexual activity without consent found?

Answer 5

S.4

Question 6

Where in SOA 2003 do you find the offence of sexual activity with a child?

Answer 6

S.9 and s.13

Question 7

What is different about rape of a child under 13 (s.5 of SOA 2003)?

Answer 7

It is a strict liability offence, only need AR. Consent is irrelevant.

Question 8

Where do you find the statutory definition of consent in SOA 2003?

Answer 8

S.74

Question 9

Which case held that submission does not constitute free choice under the s.74 definition of consent?

Answer 9

R v Doyle [2010]

Question 10

Which case established that not disclosing your HIV status DOES NOT negate consent?

Answer 10

R v B [2006]

Question 11

Which case held that deception as to the use of a condom negates consent?

Answer 11

Assange v Swedish Prosecution Authority [2011]

Question 12

Which case held that refusing to withdraw before ejaculating, when specified by V would deprive her of the choice which her consent was based on?

Answer 12

R v DPP [2013]

Question 13

Which case held that deception of gender negates consent?

Answer 13

R v McNally [2013]

Question 14

Which case held that a drunken consent is still consent, but that the capacity to consent may well evaporate well before a complainant becomes unconscious?

Answer 14

R v Bree [2007]

Question 15

What is the result of a evidential presumption under s.75 SOA 2003?

Answer 15

C is taken not to have consented.
D is taken not to have a reasonable belief in consent.
Unless D adduces sufficient evidence to rebut.

Question 16

Which case decided that under s.75 evidentiary presumptions, it is the judge who decides whether D has produced sufficient evidence to rebut the presumption?

Answer 16

R v Zhang [2007]

Question 17

In R v Zhang [2007] what was the level of evidence that constituted sufficient?

Answer 17

To prove a prima facie case, not a high level.

Question 18

Which case established that to rebut a s.75 evidentiary presumption, you need ‘some evidence beyond the fanciful or speculative?’

Answer 18

R v Ciccarelli [2011]

Question 19

Under s.76 conclusive presumptions, what is presumed if the appropriate conditions exist?

Answer 19

C did not consent.
D did not reasonably believe in consent.
No chance for D to argue contrary.

Question 20

Which case held that blackmailing by texts supposedly from the police did not deceive the V to the nature or the purpose of the sexual acts under s.76 but could be considered to infringe V’s free choice under s.74?

Answer 20

R v Jheeta [2007]

Question 21

Which case held that a V who thought masturbating for sexual gratification of woman, instead of for purpose of embarrassment by ex gf’s dad, was deceived as to the purpose of the act?

Answer 21

R v Devonald [2008]

Question 22

Which case, where V’s bf pretended to be different guys on the internet blackmailing her into sexual acts, held that she was not deceived as to the nature or purpose of the acts under s.76?
It also held that in cases of conflict between R v Jheeta and R v Devonald the court should use Jheeta.

Answer 22

R v B [2013]

Question 23

Which case held that deception of payment for sex does not change the nature or purpose of the activity?

Answer 23

R v Linekar [1995]

Question 24

Where in the SOA 2003 do you find the definition of reasonable belief in consent?

Answer 24

S.1(2) - Rape

Question 25

Which case ruled that direction on the absence of consent should only be given to the jury when there is evidence that (a) C did not in fact consent (b) D thought that she was consenting?

Answer 25

R v Taran [2006]

Question 26

Which case distinguished between (a) D’s honest belief, where his drunkenness may be relevant and (b) whether his belief is reasonable, where it is not relevant, and must be examined as though D was sober?

Answer 26

R v Grewal [2010]

Question 27

Which case held that a delusional belief cannot render a reasonable belief in consent?
Also said that court might consider a lower intelligence with regards to a reasonable belief?

Answer 27

R v B [2013]