Sexual Offences Flashcards
Olugboja 1982
PRIOR TO 2003
Submitted
Papadimitropoulous 1957
PRIOR TO 2003
Inducing causes cannot destroy consent once formed (believed married)
Linekar 1995
PRIOR TO 2003
Not pay prostitute - not deceived as to nature
DPP v Morgan 1976
Overturned by SOA 2003 - subjective
PRIOR TO 2003
Sex with wife even if apparently resists
No reasonable belief
Tabassum 2000
PRIOR TO 2003
Breast exam
Changed nature - not medical
Elbekkay 1995
PRIOR TO 2003
No active impersonation but still rape under general meaning
R v A 2001
PRIOR TO 2003
Youth Justice Act - exclude previous sexual relationship - HRA?? - admit where so relevant
Bingham 2013
PURPOSE AND NATURE (s76)
False identity - send nudes - threat
purpose = sexual gratification
CONSENT (s74)
Blackmail
Devonald 2008
PURPOSE AND NATURE (s76)
Daughter’s ex - post
Purpose = more than sexual gratification
Assange 2011
CONSENT (s74)
Condom condition
S74 decesive
R(F) v DPP 2013
CONSENT (s74)
Without ejaculation
???
Bree 2007
CONSENT (s74)
Drunken consent still consent
Fact specific; temporary loss of capacity = no consent
R v B 2007
CONSENT (s74)
HIV - consent but no defence to harm
R v Jheeta 2007
CONSENT (s74)
Police - keep dating
No consent
R v Dougal 2005
CONSENT (s74)
Too drunk to remember - renounce
R v G 2008
CONSENT (s74)
She said she was 15 - child under 13 - must have sufficient capacity
Kirk 2008
CONSENT (s74)
Run Away - sex for money no consent
McNally 2013
CONSENT (s74)
Believing she was a boy
Deception - common sense
Cicarelli 2011
REASONABLE BELIEF (s75)
Early on seemed to consent
No evidence here
Sexual Offences Act 2003
1: Rape
2: Assault by Penetration
3: Sexual Assault
4: Causing person to engage in sexual behav. without consent
78: Sexual
74: Consent
76: Conclusive Presumptions
75: Evidential Presumption
