Sexual Offences Flashcards
Andrew and Francis CRANE are twin brothers. Francis wins a £50 million lottery jackpot and a great deal of publicity surrounds the win with pictures and interviews of Francis widely circulated in the media. Several days after the lottery publicity, Andrew is drinking in a pub and begins a conversation with WARD. During the conversation WARD asks Andrew ‘Hey - are you that lottery winner I saw on the TV the other night?’ Andrew lies and says ‘Yes I am’. Andrew tells WARD he will give her £5K if she submits to oral sex with him and she agrees. They go to the rear of the pub where Andrew puts his penis into WARD’s mouth. Andrew tells WARD he will give her £10K if she allows him to digitally penetrate her anus - she agrees and Andrew puts his finger in her anus. Andrew has no intention of paying any money to WARD.
At what stage, if at all, does Andrew CRANE commit an offence of rape (contrary to s. 1 of the Sexual offences Act 2003)?
A. The offence is not committed in these circumstances
Rape is committed when a person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis and B does not consent to the penetration and A does not reasonably believe B consents.
Although the consent to the oral penetration (and anal) has been obtained by Andrew impersonating his lottery-winning brother and promising payment that will never be made, that does not invalidate WARD’s ‘true’ consent.
She consented to the activities knowing exactly what they were - she was going to be paid for them and there was no deception by Andrew about the nature and purpose of the acts (see s. 76 of the Sexual Offences Act 2003). Further, Andrew did not impersonate an individual personally known to the victim (answer B is incorrect).
Exposure is covered under _____
s66(1) Sexual Offences Act 2003
The offence of exposure is when someone exposes his/her ____ and ____ someone will ___ this and be caused ____ or ____. (s__)
The offence of exposure is when someone exposes his/her genitals and intends someone will see this and be caused alarm or distress. (s66(1) Sexual Offences Act 2003
Outraging public decency is _________
Common Law
Offence to commit an act of a lewd, obscene and disgusting nature and outrage public decency.
Examples of outraging public decency
- not necessarily a sexual act
- doesn’t need to be live
- can be public display of an object
For s66(1), the public must have ____ to, or be able to ____ the relevant ___.
For s66(1), the public must have access to, or be able to see the relevant location.
Sexual ___ in a public ____ is an offence under s___. There is no need for _____, or for anyone to be _____ or ____.
Sexual activity in a public lavatory is an offence under s71 Sexual Offences Act 2003.
There is no need for witnesses, or for anyone to be outraged or distressed.
Voyeurism is ____
s67(1) SOA
Secret observation of someone undressing/using toilet/private sex, for sexual gratification.
A person commits voyeurism if for the purpose of obtaining ___ ___, they ___ another person doing a ___ act and they know the person doesn’t ____ to being observed for ____ _____. (s___)
A person commits voyeurism if for the purpose of obtaining sexual gratification, they observe another person doing a private act and they know the person doesn’t consent to being observed for sexual gratification. (s67)
Where could a s67 offence occur?
Voyeurism
In a place where one would reasonably expect privacy.
What are the options of conditions for voyeurism?
- genitals, buttocks, or breasts are exposed or covered only with underwear
- using a lavatory
- participating in a sexual act not usually done in public
Facilitating voyeurism using live equipment
s67(2) Sexual Offences Act
A person commits a s67(2) Sexual Offences Act offence if they operate ____ intending to enable B to ___, for ___ ____, C doing a ___ ___, ____ C has not consented.
Facilitating voyeurism using live link equipment
A person commits a s67(2) Sexual Offences Act offence if they operate equipment intending to enable B to observe, for sexual gratification, C doing a private act, knowing C has not consented.
s67(3) Sexual Offences Act
s67(3) Recording of images relating to voyeurism
Installing equipment and adapting structures for voyeurism
s67(4)
Possession of extreme pornographic images
s63(1) Criminal Justice and Immigration Act 2008
s63(1) Criminal Justice and Immigration Act 2008
Possession of extreme pornographic images
It is an offence to be in ____ of an ___ _____ image. This includes ____ ____ and ___ ____ that can be converted into an image.
It is an offence to be in possession of an extreme pornographic image. This includes moving images and electronic data that can be converted into an image.
s63(1) Criminal Justice and Immigration Act 2008
An image is regarded as extreme when it shows activities which:
- ____ a person’s ____
- depicts ____ or ____ sexual ____
- result in ____ ____ to ____, breasts, ___
- involve ____
- involve ____ with real person/animal
An image is regarded as extreme when it shows activities which:
- threaten a person’s life
- depicts rape or non-consensual sexual penetration
- result in serious injury to anus, breasts, genitals
- involve necrophilia
- involve bestiality with real person/animal
Defences for s63(1) offence
Possession of extreme pornographic images
- had a legitimate reason to possess it
- hadn’t seen it and didn’t know it was an xx image
- received without requesting
- did not keep it for unreasonable time
DELMER and ROLFE (both female) kidnap ISON and assault him. DELMER pushes her breasts into ISON’s mouth whilst ROLFE inserts her tongue into ISON’s anus.
Who, if anyone, commits an offence of assault by penetration (contrary to s. 2 of the Sexual offences Act 2003)?
B. Only ROLFE.
An offence of assault s2 by penetration is committed when a person intentionally penetrates the vagina or anus (so answers A and C are incorrect) of another person with a part of his/her body or anything else and the penetration is sexual and B does not consent to the penetration and A does not reasonably believe that B consents.
Prostitute is a person who on at least ___ occasion and whether or not ___ to do so, ____ or ____ sexual services to another person in return for ___ or a ____ of ____ to them or a ____ ____.
Prostitute is a person who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to them or a third party.
HASTINGS is at a house party and is drunk. He approaches DODD and asks her to have sexual intercourse with him; she refuses. HASTINGS takes out £200 from his wallet and says to DODD ‘I’ll pay you for it love’ - DODD tells HASTINGS to ‘drop dead’ and walks away. HASTINGS is frustrated so leaves the party and walks to a nearby street known for prostitution activities. He walks up to GIBSON (who is a prostitute) and says ‘How about it love - is £50 good enough?’
Does HASTINGS commit an offence of soliciting (contrary to s. 51A of the Sexual offences Act 2003)?
It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute. At the house party the offence cannot be committed (it is in private) so answer A is incorrect. The offence is known as ‘kerb-crawling’ when carried out from a vehicle but it does not have to be carried out from a vehicle - the offence can be carried out on foot (answer B is incorrect). Answer D is incorrect as there is no need for two approaches to be made - the offence is committed on the initial approach to the person.
s1(1) Street Offences Act 1959
It is an offence to persistently loiter or solicit in a street or public place for the purpose of prostitution.