Sexual Offences Flashcards
What is the actus reus of Rape, according to s.1 Sexual Offences Act 2003?
“penetration of the vagina, anus or mouth;
of another person;
with a penis; and
victim does not consent”
What is the mens rea of Rape, according to s.1 Sexual Offences Act 2003?
“Intentional penetration; and
Lack of reasonable belief in consent”
What is the actus reus of Assault by Penetration, according to s.2 of the Sexual Offences Act 2003?
"Penetration of vagina or anus; of another person; with a part of D’s body or an object; V does not consent; and penetration is ‘sexual’"
What is the mens rea of Assault by Penetration, according to s.2 of the Sexual Offences Act 2003?
“Intentional penetration; and
Lack of reasonable belief in consent”
What is sexual?
”s.78 of the Sexual Offences Act 2003 defines any activity that:
by their nature are sexual; or
by their nature may be sexual, and due to the circumstances, are sexual”
What must a jury ask to define ‘sexual’, established in R v H?
“could it be sexual?
was the purpose in fact sexual?”
What is the actus reus of Sexual Assault, according to the Sexual Offences Act 2003 s.3?
“D touches V
touching is ‘sexual”
Which case established that touching of clothing may be ‘sexual’?
R v H: D approached V and made an indecent suggestion; then seized hold of the fabric of the back pocket of her tracksuit trousers; held to amount to touching
What is the mens rea of Sexual Assault, according to the Sexual Offences Act 2003 s.3?
“D intentionally touches V; and
absence of reasonable belief in consent”
What is the definition of consent according to s.74 of the Sexual Offences Act 2003?
agreeing by choice, having the freedom and capacity to make that choice.
Which case established that submission is not consent?
R v Kirk: V was homeless and hungry she had sex with D in return for money for food.
Which case established that consent can be withdrawn at any point during penetration?
R v Kaitamaki: D penetrated V thinking she was consenting, but once he realised she did not consent he did not withdraw; held to amount to rape because AR of rape as penetration is a continuing act
Which case established that drunken consent (when voluntarily intoxicated) is consent, capacity to consent may be lost before the point of unconsciousness?
R v Bree: this is a messed up case and came down to he said she said and courts sided with D - because obviously someone who is really drunk and sick is capable of consenting to sex if they can take their clothes off.
Which case established that an inability to recall whether consented or not will be insufficient to establish a lack of consent or lack of capacity to consent?
R v Dougal: V was highly intoxicated; unable to remember whether or not she had consented to the sexual intercourse; prosecution unable to pursue case because this opened up the possibility V had given consent (even if drunken consent)
What are irrefutable presumptions of lack of consent, according to s.76(2) of the Sexual Offences Act 2003?
“D intentionally deceives V as to the nature/purpose of the act?
D intentionally induces consent by impersonating a person known to V”
