Sexual Offences Flashcards
Potential offences under the Sexual Offences Act 2003
Rape (s. 1)
Assault by Penetration (s. 2)
Sexual Assault (s. 3)
Causing Sexual Activity without Consent (s. 4)
Rape Actus Reus
Penile penetration of the mouth, anus or vagina
Without consent from the victim.
Rape is a continuing Act, so if consent is withdrawn at any time and penetration is not also withdrawn then rape starts at that point
s. 79
Conclusive Presumptions
s. 76 SOA
- D did the relevant act
- One of a set of circumstances exists
- If an irrefutable lack of consent exists.
Sets of circumstances which the prosecution must prove to give rise to the conclusive presumption of rape
- D deceives V as to the nature or purpose of the act.
- D induces consent impersonating someone known
D deceives V as to the nature or purpose of the act
R v Williams (singing coach)
R v Dicker (transmission of HIV)
Not guilty of deception of the act for paying a prostitute and then running away
Lineker
The court would be open to convict where D fails to comply with a condition imposed by D
To wear a condom (Assange)
To not ejaculate inside her (R(F) v DPP)
Gender deception is considered deception as to the nature or purpose of the act
McNally
D induces consent impersonating someone known to V
R v Elbekkay - best friend pretended to be her boyfriend.
Where the object was ‘abject humiliation’ then there was a conclusive presumption of no consent
Devonald
If the purpose of was sexual gratification for all parties the D is not to be convicted
R v B
Evidential presumptions
S. 75
- D did the relevant act
- the circumstances giving rise to the presumption existed at the time of the act
- that D knew the circumstances existed
- Lack of consent is presumed unless D can raise an issue to the contrary
Circumstances that the prosecution must prove in order to give rise to a presumption of rape
S.75
- use or threat of violence to the V or a third party
- an unlawful detention
- if the V was asleep or unconsciousness
- if the V was unable to communicate consent due to physical disability
- if an overpowering substance was administered to the V
D must provide ‘sufficient evidence’ that consent was given.
The prosecution must then move to prove that consent was not given.
R v Ciccarelli
Consent under the SOA
s. 74
Consent must be a free choice
R v Jheeta
V must have the capacity to consent
R v Bree - drunken consent is still consent
Submission if not consent
R v Olugboja
Mens Rea of Rape
- intentional penetration
- No reasonable belief in consent
An honest mistake is not a defence to a reasonable belief in consent
R v Morgan
Even if D has personality or a psychiatric disorder they still have to be judged by objective standards.
R v Braham
When do evidential and presumptive conclusions apply?
Both
- AR: consent
- MR: no reasonable belief
Assault by penetration
s. 2 SOA
- violent non-consentual battery
AR of Assault by penetration
- Intentional penetration fo the vagina or anus of another person with a part of the body or anything else.
- With anything
- The act must be sexual
- without consent
Assault by penetration was considered sexual assault
R v Brian
Removing the complainants shoes was not indecent even though he had a foot fetish
R v George
Spanking a girl when he had a buttock fetish was indecent
R v Court
Deciding if an act is sexual
R v H
- would the reasonable person consider the act to be
- would the reasonable person consider the conduct of the person to be
MR of assault be penetration
- intentional penetration
- no reasonable belief in consent
Intoxication does not assist in the denial of fault in assault by penetration
R v Heard
Sexual Assault is defined under
s. 3 SOA
AR of Sexual Assalt
- touching
- an act must be sexual
- without consent
Touching a persons clothing was considered sexual touching
R v H - grabbing tracksuit
MR for Sexual Assault
- Intentional touching
- no reasonable belief in consent
Causing a person to engage in sexual activity without consent is defined under
S. 4 SOA
AR of engagement in Sexual activity
- causing a person to engage in sexual activity
- the act must be sexual
- without consent
Forcing a boy to masterbate into a condom or he’d hit him with a stick
R v Seargent
Causing a person
- must have been an operating and substantial cause R v Cato
- more than trifling (R v Smith
MR of engagement in sexual activity
- Intentionally causing the activity
- no reasonable belief in consent
