Sexual Offences

Question 1

Potential offences under the Sexual Offences Act 2003

Answer 1

Rape (s. 1)
Assault by Penetration (s. 2)
Sexual Assault (s. 3)
Causing Sexual Activity without Consent (s. 4)

Question 2

Rape Actus Reus

Answer 2

Penile penetration of the mouth, anus or vagina

Without consent from the victim.

Question 3

Rape is a continuing Act, so if consent is withdrawn at any time and penetration is not also withdrawn then rape starts at that point

Answer 3

s. 79

Question 4

Conclusive Presumptions

Answer 4

s. 76 SOA
- D did the relevant act
- One of a set of circumstances exists
- If an irrefutable lack of consent exists.

Question 5

Sets of circumstances which the prosecution must prove to give rise to the conclusive presumption of rape

Answer 5

• D deceives V as to the nature or purpose of the act.

- D induces consent impersonating someone known

Question 6

D deceives V as to the nature or purpose of the act

Answer 6

R v Williams (singing coach)

R v Dicker (transmission of HIV)

Question 7

Not guilty of deception of the act for paying a prostitute and then running away

Answer 7

Lineker

Question 8

The court would be open to convict where D fails to comply with a condition imposed by D

Answer 8

To wear a condom (Assange)

To not ejaculate inside her (R(F) v DPP)

Question 9

Gender deception is considered deception as to the nature or purpose of the act

Answer 9

McNally

Question 10

D induces consent impersonating someone known to V

Answer 10

R v Elbekkay - best friend pretended to be her boyfriend.

Question 11

Where the object was ‘abject humiliation’ then there was a conclusive presumption of no consent

Answer 11

Devonald

Question 12

If the purpose of was sexual gratification for all parties the D is not to be convicted

Answer 12

R v B

Question 13

Evidential presumptions

Answer 13

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

Question 14

Circumstances that the prosecution must prove in order to give rise to a presumption of rape

Answer 14

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

Question 15

D must provide ‘sufficient evidence’ that consent was given.
The prosecution must then move to prove that consent was not given.

Answer 15

R v Ciccarelli

Question 16

Consent under the SOA

Answer 16

s. 74

Question 17

Consent must be a free choice

Answer 17

R v Jheeta

Question 18

V must have the capacity to consent

Answer 18

R v Bree - drunken consent is still consent

Question 19

Submission if not consent

Answer 19

R v Olugboja

Question 20

Mens Rea of Rape

Answer 20

• intentional penetration

- No reasonable belief in consent

Question 21

An honest mistake is not a defence to a reasonable belief in consent

Answer 21

R v Morgan

Question 22

Even if D has personality or a psychiatric disorder they still have to be judged by objective standards.

Answer 22

R v Braham

Question 23

When do evidential and presumptive conclusions apply?

Answer 23

Both

• AR: consent
• MR: no reasonable belief

Question 24

Assault by penetration

Answer 24

s. 2 SOA

- violent non-consentual battery

Question 25

AR of Assault by penetration

Answer 25

• 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

Question 26

Assault by penetration was considered sexual assault

Answer 26

R v Brian

Question 27

Removing the complainants shoes was not indecent even though he had a foot fetish

Answer 27

R v George

Question 28

Spanking a girl when he had a buttock fetish was indecent

Answer 28

R v Court

Question 29

Deciding if an act is sexual

Answer 29

R v H

• would the reasonable person consider the act to be
• would the reasonable person consider the conduct of the person to be

Question 30

MR of assault be penetration

Answer 30

• intentional penetration

- no reasonable belief in consent

Question 31

Intoxication does not assist in the denial of fault in assault by penetration

Answer 31

R v Heard

Question 32

Sexual Assault is defined under

Answer 32

s. 3 SOA

Question 33

AR of Sexual Assalt

Answer 33

• touching
• an act must be sexual
• without consent

Question 34

Touching a persons clothing was considered sexual touching

Answer 34

R v H - grabbing tracksuit

Question 35

MR for Sexual Assault

Answer 35

• Intentional touching

- no reasonable belief in consent

Question 36

Causing a person to engage in sexual activity without consent is defined under

Answer 36

S. 4 SOA

Question 37

AR of engagement in Sexual activity

Answer 37

• causing a person to engage in sexual activity
• the act must be sexual
• without consent

Question 38

Forcing a boy to masterbate into a condom or he’d hit him with a stick

Answer 38

R v Seargent

Question 39

Causing a person

Answer 39

• must have been an operating and substantial cause R v Cato
• more than trifling (R v Smith

Question 40

MR of engagement in sexual activity

Answer 40

• Intentionally causing the activity

- no reasonable belief in consent