Sexual Offences

Question 1

Section 76

Answer 1

Conclusive Presumptions against consent

1) Deception as to the nature/purpose
2) Impersonation

Question 2

Queen v Flattery (1877)

Answer 2

Claimed he could cure fits
‘It was natures string wanted breaking’
Deception as to the nature
Consent was obtained fraudulently

Question 3

Claimed he could cure fits
‘It was natures string wanted breaking’
Deception as to the nature
Consent was obtained fraudulently

Answer 3

Queen v Flattery (1877)

Question 4

King v Williams (1923)

Answer 4

Singing teacher making air passage
She consented to air passage not to rape
Deception as to the nature

Question 5

R v Jheeta (2007)

Answer 5

Boyfriend made up a fictitious story
‘deceived as to the situation’ Mr Justice Simon
Not guilty under S76 but could be under S74

Question 6

R v B (2013)

Answer 6

Boyfriend pretended to be someone else on the internet
Engaged in sexual activity
Jury decided it was deceit by purpose
However retrial was ordered as “peripheral matters’ shouldn’t be included

Question 7

R v Tabassum (2000)

Answer 7

Medical purpose> Sexual purpose

IT teacher not cancer research

Question 8

R v Lineker (1995)

Answer 8

Sex with a prostitute for £25
Defendant ran off with the money
Was not fundamental enough to constitute deception as to the purpose

Question 9

R v Devonwald (2008)

Answer 9

Revenge from father online pretending to be 20 year old girl
Deception as to the purpose
Humiliation not sexual gratification

Question 10

Elbekkay (1995)

Answer 10

Broadened definition from husband to boyfriend
Impersonation of boyfriend and had sexual intercourse

McCowen LJ Obiter: Suggests that impersonation can extend so someone not known personally to the victim

Question 11

R v Green (2002)

Answer 11

False medical trial
Deception as to the purpose
Medical rather than sexual

Question 12

Assange v Swedish Prosecution Authority (2011)

Answer 12

Conditional consent without a condom was not enough to constitute deception as to the nature

Question 13

Section 75

Answer 13

Evidential presumptions

Question 14

Circumstances for evidential presumptions:
a)
b)
c)
d)
e)

Answer 14

a) Asleep/unconscious
b) Unlawfully detained
c) Force or fear of force used before/after
d) Involuntary intoxication
e) Physical incapacity to consent

Question 15

R v Ciccarelli (2011)

Answer 15

Judge decided that his belief that she wanted to have sex with him was enough to raise a rebuttal

Question 16

Definition of consent under S74

Answer 16

“A person consents if he agreed by CHOICE and has the FREEDOM and CAPACITY to make that CHOICE”

Question 17

R v Olugboja (1982)

Answer 17

After seeing him rape her friend, in fear she agreed to have sex
Was there sufficient fear?
Yes- she didn’t have a choice

Dunn LJ:
“every consent involves a submission, but it by no means follows that a mere submission involves consent.”

Question 18

R v McNally (2013)

Answer 18

Pretended to be a boy online
Deception as to the gender can be a s74 offence
Took away the freedom to make a choice

Question 19

R v Bree (2007)

Answer 19

Being drunk does not necessarily negate consent

Question 20

R v DPP (2013)

Answer 20

Wife couldn’t take pill
Consented on the basis her husband wouldn’t ejaculate
He did and she became pregnant

Question 21

Assange v Swedish Prosecution Authority (2011)

Answer 21

Consented to sex with condom only
Rape
Took away free choice under S74 basic definition of consent

Question 22

Laura Perrins (2013)

Answer 22

“the court should be slow to fill the vacuum left by a collapse in moral standards”

Question 23

What was the old MR for consent?

Answer 23

“honest belief” (DPP v Morgan 1975)

Question 24

What is the current MR for consent

Answer 24

Objective reasonableness

Question 25

“the court should be slow to fill the vacuum left by a collapse in moral standards”

Answer 25

Laura Perrins (2013)

Question 26

Consented to sex with condom only
Rape
Took away free choice under S74 basic definition of consent

Answer 26

Assange v Swedish Prosecution Authority (2011)

Question 27

Wife couldn’t take pill
Consented on the basis her husband wouldn’t ejaculate
He did and she became pregnant

Answer 27

R v DPP (2013)

Question 28

After seeing him rape her friend, in fear she agreed to have sex
Was there sufficient fear?
Yes- she didn’t have a choice

Dunn LJ:
“every consent involves a submission, but it by no means follows that a mere submission involves consent.”

Answer 28

R v Olugboja (1982)

Question 29

Chedwyn Evans (2016)

Answer 29

Lady Justice Hallet “we have reached this conclusion with a considerable degree of hesitation”

Question 30

S41 Youth Justice and Criminal Evidence Act (1999)

Answer 30

Cannot be asked in a cross examination about past sexual history except in certain circumstances

Question 31

What act is Sexual Offences addressed in?

Answer 31

Sexual Offences Act 2003

Question 32

Rape Myths

Barbara Evans

Answer 32

“do we seriously think that a female teacher sleeping with a male pupil is on a par with a male teacher sleeping with a girl pupil? I don’t. And neither…would most 15-year-old-boys”

(Barbara Ellen, 2009) “…Women like George are condemned by a kangaroo court of public emotion before they even step into the courtroom…judged to be “worse” that a man, when the crime is exactly the same.”

Question 33

Temkin and KrahÈ

Answer 33

Where juries believe inaccurate rape myths, they will not make decisions based on the case in hand