Sexual offences Flashcards
sexual offences act 2003
- Sexual Offences Act 2003 repealed all previous law relating to sexual offences and combined it within one act
- It applies to all offences which happened post 1st May 2004, but if it is not possible to prove timing post 2004, the Violent Crime Reduction Act 2006 applies
CPS guidelines
• The CPS state that prosecutors should only make their charging decisions following the procurement of strong evidence
public interest
• With the evidential test secured, the public interest remains but CPS guidance pertains to the fact that due to the seriousness of the offence, prosecution is almost certainly required in cases of rape
S1 Voyeurism act 2019
• The new offence of ‘Upskirting’ was bought into power as of the 12th April 2019 and came as a result of campaigning by Gina Martin
historic sex abuse
- The passage of time does not, according to the CPS negate the possibility of prosecution and recently there have been significantly more cases of historic sexual abuse allegations which have resulted in further prosecutions
- Recent statistics have demonstrated that since 2014, there have 4024 allegations of historic abuse which then led to guilty pleas
is there point in sentencing historic abuse
- In 2019, Boris Johnson claimed that police were “spaffing money up the wall” by continually investigating historic sex abuse
- In fact, 35% of allegations of the abuse led to convictions and guilty – demonstrating that there is a relevancy and requirement for these to be reported
rape prosecution numbers
reported offences rising within the last five years to 55, 195 (a rise of around 65%)
• This is down to multiple factors but namely due to the huge amount of hurdles which exist within the middle
evidence and thresholds
- The amount of evidence needed for a successful trial has become far more stringent, including social media and mobile phone data which makes the entire process more difficult for both police and victims
- If the evidence is gathered successfully, the ability to pass the CPS test can be challenging
- While the CPS still use the two tests, the nature of rape cases means that proving the guilt of the D is increasingly difficult
CPS targets
• In 2019, it was revealed that the CPS had a secret target of 60% convictions and therefore were reluctant to put cases through without reasonable conviction
S1 SOA 2003
- Defines the offence of rape
* Rape is an indictable offence, and carries a maximum penalty of life imprisonment
key elements of rape
- Penetration with the D’s penis of the V’s vagina, anus or mouth
- The V did not consent
- The penetration was intentional
- The D could not have reasonably believed that the complainant consented
AR of rape penetration
- The initial section of the AR makes it evident that it can only be committed by a man
- However, the fact that penetration of the anus or mouth means that this is an offence which can be carried out against both genders
S79(3) SOA 2003
- States that any parts of the body which are surgically constructed fall within the remit of the Act
- The limits of this offence are such that a woman who forces a man to have sex with her, will not be guilty of rape - she will however, be guilty of another offence
degrees of the offence
• For there to be an offence of Rape, it is not necessary for there to be full sexual intercourse – any penetration, however slight will be sufficient
limits of consent
- The issue of penetration covers the entire continuing act
* Therefore, if consent if given – and then withdrawn, the man must withdraw Kaitamaki v The Queen [1985]