Sexual Offences

Question 1

Sexual Offences Act 2006

Answer 1

S1 D intentionally penetrates, the mouth anus or vagina without consent, or without reasonably believing he had consent.

Question 2

Definition of Consent

Answer 2

S74 Sexual Offences Act 2003 - agrees by choice and has freedom and capacity to do so.

Question 3

Kaitamaki

Answer 3

Sex is a continuing Act - Fagan v MPC, therefore if consent, change mind but D carries on then rape.

Question 4

Olugboja

Answer 4

Consent requires submission, but mere submission doesn’t mean consent.

Question 5

R v A

Answer 5

Must have knowledge and be able to understand the nature.

Question 6

R v C

Answer 6

Physical disability, fear, can’t communicate - given no choice; this isn’t consent.

Question 7

Bree

Answer 7

Can consent when drunk, but if become too drunk and there is the potential to lack capacity then, it’s a matter for the jury.

Question 8

Mens Rea

Answer 8

Intentionally penetrating - Heard (did D think V was consenting, would a reasonable person have thought the same?)