sexual offences Flashcards
s.78 sexual offences act 2003
is sexual if the reasonable person considers;
sexual by nature or circumstance
which act defines the term “sexual”
s.78 sexual offences act 2003
which act defines “consent”
s.74 sexual offences act 2003
s.74 sexual offences act 2003
agrees by choice
has the freedom
and capacity
which act refers to rape
s.1(1) sexual offences act 2003
rape - ptp
intentionally penetrates the vagina, anus or mouth of another person with his penis B does not consent A does not reasonably believe B consents
what can women be charged with in regards to rape
s.4 SOA 03 - causing a person to engage in a sexual activity without consent
punishment for rape
up to life in prison
assault by penetration act
s.2(1) sexual offences act 2003
s.2(1) sexual offences act 2003 ptp
intentionally penetrates vagina or anus of B anything else (not penis) sexual B does not consent A does not reasonably believe that B consents
punishment of assault by penetration
up to life in prison
which act relates to sexual assault?
s.3(1) SOA 03
s.3 (1) sexual offences act 2003 - ptp
intentionally touches B
the touching is sexual
B does not consent to the touching
A does not reasonably believe that B consents
punishment for sexual assault
up to 10 years
which act relates to exposure
s.66 (1) SOA 03
s.66 (1) sexual offences act 2003 ptp
intentionally exposes genitals and intends that someone will see them and be caused alarm or distress
punishment for exposure
up to 2 years in prison
which act relates to voyeurism
s. 67 (1) sexual offences act 2003
s. 67 (2)
s. 67 (3)
s. 67 (4)
s.67 (1) sexual offences act 2003 ptp
observes another person doing a private act
s.67 (2) SOA 03
operates equipment
another persons sexual gratification (live stream)
s.67 (3) SOA 03
he records B doing a private act
for himself or third party
s.67 (4) SOA 03
installs equipment
constructs or adapts a structure
intention to commit under (1) - watching a private act
punishment for voyeurism
up to 2 years
which act relates to disclosing private sexual photographs
s.33 (1) criminal justice and courts act 2015
s.33 (1) criminal justice and courts act 2015 ptp
disclose private sexual photograph or film without consent with intent to cause distress
potential defences for disclosing private sexual photographs
if you sent the photo to the person in the photo
believes the disclosure is necessary for investigation, prevention
publication as journalist material as public interest
disclosed for reward, without consent i.e porn
intent to cause alarm/ distress must be proved
evidential presumptions
shifts the burden of proof
conclusive presumptions about consent
lack of consent can’t be disproved
