Sexual Offences Act Flashcards
Section 1 SOA - Rape
A Person (A) commits rape if he 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 that (B) consents
Section 2 SOA - Assault by penetration
A person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else & the penetration is sexual,
(B) Does not consent to the penetration &
(A) Does not reasonably believe that (B) consents
Section 3 SOA - Sexual Assault
A person (A) commits an offence if they intentionally touch another person (B),
The touching is sexual,
(B) does not consent to the touching
(A) Does not reasonable believe that (B) consents
Section 4 SOA - Causing a person to engage in sexual activity without consent
It is an offence for (A) to intentionally cause another person (B) to engage in sexual activity
(B) Does not consent
(A) does not reasonably believe that (B) consents
Section 61 SOA - Administering a substance with intent (giving the drugs to rape them)
A person commits an offence if he:
Intentionally administers a substance to or cause a substance to be taken by another person.
(A) Knowing that the person does not consent
(B) with the intention of stupefying or overpowering that person, to enable any person to engage in a sexual activity that involves that person
Definition of ‘Sexual’
Penetration, touching or any other activity is sexual if a reasonable person would consider that:
(a) Whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) Because of its nature it may be sexual depending on the circumstances or the intention of any person in relation to it (or both) it is sexual
Section 66 SOA - Exposure
A person intentionally exposes their genitals
AND
They intend that someone will see them and be caused alarm or distress
Section 67 SOA - Voyeurism
A person observes another doing a private act for the purpose of obtaining sexual gratification and they know that the other person does not consent to being observed for the sexual gratification
Section 67 (2)
Section 67 (3)
Section 67 (4)
Section 67 (2) – Operating equipment filming, without consent
Section 67 (3) – Recording another person with the intention for their own gratification and distributing
Section 67 (4) – Covers someone who has a spy hole