sexual offences Flashcards

1
Q

s.78 sexual offences act 2003

A

is sexual if the reasonable person considers;

sexual by nature or circumstance

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2
Q

which act defines the term “sexual”

A

s.78 sexual offences act 2003

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3
Q

which act defines “consent”

A

s.74 sexual offences act 2003

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4
Q

s.74 sexual offences act 2003

A

agrees by choice
has the freedom
and capacity

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5
Q

which act refers to rape

A

s.1(1) sexual offences act 2003

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6
Q

rape - ptp

A
intentionally
penetrates the vagina, anus or mouth of another person
with his penis
B does not consent
A does not reasonably believe B consents
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7
Q

what can women be charged with in regards to rape

A

s.4 SOA 03 - causing a person to engage in a sexual activity without consent

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8
Q

punishment for rape

A

up to life in prison

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9
Q

assault by penetration act

A

s.2(1) sexual offences act 2003

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10
Q

s.2(1) sexual offences act 2003 ptp

A
intentionally 
penetrates vagina or anus of B 
anything else (not penis)
sexual
B does not consent 
A does not reasonably believe that B consents
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11
Q

punishment of assault by penetration

A

up to life in prison

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12
Q

which act relates to sexual assault?

A

s.3(1) SOA 03

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13
Q

s.3 (1) sexual offences act 2003 - ptp

A

intentionally touches B
the touching is sexual
B does not consent to the touching
A does not reasonably believe that B consents

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14
Q

punishment for sexual assault

A

up to 10 years

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15
Q

which act relates to exposure

A

s.66 (1) SOA 03

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16
Q

s.66 (1) sexual offences act 2003 ptp

A
intentionally 
exposes genitals
and
intends that someone will see them
and be caused alarm or distress
17
Q

punishment for exposure

A

up to 2 years in prison

18
Q

which act relates to voyeurism

A

s. 67 (1) sexual offences act 2003
s. 67 (2)
s. 67 (3)
s. 67 (4)

19
Q

s.67 (1) sexual offences act 2003 ptp

A

observes another person doing a private act

20
Q

s.67 (2) SOA 03

A

operates equipment

another persons sexual gratification (live stream)

21
Q

s.67 (3) SOA 03

A

he records B doing a private act

for himself or third party

22
Q

s.67 (4) SOA 03

A

installs equipment
constructs or adapts a structure
intention to commit under (1) - watching a private act

23
Q

punishment for voyeurism

A

up to 2 years

24
Q

which act relates to disclosing private sexual photographs

A

s.33 (1) criminal justice and courts act 2015

25
Q

s.33 (1) criminal justice and courts act 2015 ptp

A
disclose
private
sexual
photograph or film
without consent
with intent to cause distress
26
Q

potential defences for disclosing private sexual photographs

A

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

27
Q

evidential presumptions

A

shifts the burden of proof

28
Q

conclusive presumptions about consent

A

lack of consent can’t be disproved