Sexual Offences Flashcards
Can a sexual offence victim remain anonymous
Yes - The courts provided anonymity for most sexual offence (rape / Assault by pentration / Sexual assault by touching) for life.
Can a Rape be committed without a penis
no
What happens to the consent aspect of Rape when a child is under the age of 13
There is only a requirement to prove penetration.
If a person knowingly as HIV and convinces a person to have sex with them not disclosing the fact. Is this rape
No - It may be a section 20 if HIV is contracted. It alos may be a section 18 if there is an intent to give the other person HIV
If a person knowingly has HIV and convinces a person to have sex by reassuring them they do not have HIV. Is this rape
Yes
Who is entitled to annominity
Victims of most sexual offences
What are the nature of the anonymity restrictions
Restrictions are placed on revealing the victims identity when reporting cases and trials
What is the duration of the anonymity restrictions
They last the victims lifetime.
What are the three elements to consent
They agree by choice, they have the freedom to choose and they have made their decision on reasoned and informed information.
What are the six situations where evidential presumptions can be used.
The use of violence by any person IMMEDIATELY before
The use of violence by any person IMMEDIATELY before on any other person.
The complaintment was detained and the defendant was not
At the time of the act, the complainant was asleep or unconscious.
Due to physical disabilities, the complainant was not able to communicate consent.
The administration of drugs substance to have caused the victim to become stupified.
What are the two Conclusive presumptions
Intentially deceive (Doctor saying seaman is the perfect medicine)
Intentiaonlly impersonated somebody (twins)
What happens if the criteria are satisfied for a conclusive presumption
Then the defendant cannot argue against the presumption
What are the orifices for the offence of Rape
Vagina, Anus, Mouth - Penetrated with Penis only
What are the orifices for the offence of sexually assault by penetration
Vagina and Anus with any item - No mouth.
Is accidently penetrating a person an offence.
No - accidental penetration will not constitute the offence.
What is the key thing about the suspects age in child sexual offences act.
That the suspect is over the age of 18
For a grooming offence how many communications or meetings are required
Just one.
Does the one meeting or communication have to be sexual (grooming offence)
No
Does the one meeting or communication have to take place in England and Wales (
No anywhere in the world.
When is the grooming offence committed
After one or more commuincations - the person arranges to meet with the intent to commit an act.
What is specific about the age in the offence of sex with a child family member
The victim must be under 18 - or under 13.
If two 17 year olds were in a sexual relationship - they introduce thir parents who subsequntly get married so the two 17 year olds become step brother and sister. Do they commit and offence.
No the sexual relationship pre-date them becomein strp brother and sister.
What is specific about the age for an offence of penentrative sex with an adult family member
The suspect is over 16 and the victim is over 18
Who can serve a notice on a hotel if they reasonably believe it will be used in connection of child sexual exploitation
An inspector.
