Sexual Offences

Question 1

Rape

Answer 1

Sexual Offences Act 2003 S.1 - AR: Penetration of vagina, anus or mouth, by the penis, without consent. MR: Intention to penetrate with a lack of reasonable belief by the defendant that the other person consents.

Question 2

Assault by Penetration

Answer 2

Sexual Offences Act 2003 S.2 - AR: Penetration of the vagina or anus with any part of the body, of a sexual nature, without consent. MR: Same as rape.

Question 3

Sexual Assault

Answer 3

Sexual Offences Act 2003 S.3 - AR: Touching of another, with the touching being sexual, without consent. MR: Intention to touch without reasonable belief that the other person consents.

Question 4

Definition of “Sexual”

Answer 4

Sexual Offences Act 2003 S.78 - If a reasonable person would consider the act to “clearly” be sexual because of its nature; or may be sexual depending on the circumstances and/or purpose of the accused.

Question 5

Definition of “Consent”

Answer 5

Sexual Offences Act 2003 S.74 - C consents and has the freedom and capacity to choose to participate in the act in question.

Question 6

Irrebuttable Presumptions as to Consent

Answer 6

Sexual Offences Act 2003 S.76(2)

Question 7

Rebuttable Presumptions as to Consent

Answer 7

Sexual Offences Act 2003 S.75(2)

Question 8

Sexual Activity with a Child

Answer 8

Sexual Offences Act 2003 S.9 - AR: D sexually touches the victim and the victim is under the age of 16. MR: The touching is intentional, and if V is 13 or over, D does not reasonably believe that V is 16 or over.