Sexual Offences Act 2003

Question 0

Reasonable belief

Answer 0

What steps did the defendant take to ascertain if the victim consented?

Question 1

Rape

Section 1 Sexual Offences Act 2003

Answer 1

The intentional penetration of the vagina, anus or mouth (of any person) by a penis, without consent.

Question 2

Consent

Answer 2

A person consents is they agree by choice, and have the freedom and capacity to make that choice.

Victim cannot consent where proved that:

1. Immediately before or at the time any person was using violence or caused them to fear violence
2. Immediately before, or at the time any person was using violence or caused them to fear violence against another person

Or if victim was:
Unlawfully detained
Asleep
Unconscious
Unable to communicate their consent because of physical disability 
Overpowered

Question 3

Conclusive presumption

Answer 3

If it can be proved that the defendant did the act and intentionally:
Deceived the complainant as to the nature or purpose of the act or

Question 4

Assault by penetration

Section 2

Answer 4

The intentional penetration of the vagina or anus of any person by any other part of a person’s body

Question 5

Sexual Assault

Section 3 Sexual Offences Act 2003

Answer 5

The touching was intentional
The touching was sexual
There was no consent to the touching

Question 6

Causing a person to engage in sexual activity without consent
Section 4 Sexual Offences Act

Answer 6

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