Sexual Offences Act 2003

Question 1

Define section 1

Answer 1

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 or
A does not reasonably believe that B consents.

Question 2

Define Section 2 - Assault by penetration

Answer 2

A person (A) commits an offence if he intentionally penetrates the vagina or anus of another person (B) with part of his body or anything else and the penetration is sexual and
B does not consent to the penetration or
A does not reasonably believe that B consents

Question 3

Define section 3 - Assault by touching

Answer 3

A person (A) commits an offence if he intentionally touches another person (B), the touching is sexual.
B does not consent to the touching, and
A does not reasonablely believe that B consents.

Question 4

Define section 4 - causing a person to engage in sexual activity

Answer 4

It is an offence for (A) to cause another person (B) to engage in sexual activity and
B does not consent, and
A does not reasonably believe that B consents.

Question 5

Define consent under section 74

Answer 5

A person consents if he or she agrees by choice and has the freedom and capacity to make that choice.

Question 6

What are the victims needs

Answer 6

Encourgement to report, supported by belief that they will be believed/heared/understood.

Support they did the right thing - to overcome feelings of powerlessness/Vulnerability/low self esteem.

Support in regard to help to assist victim to regain control - counselling/medical care/agencies

Consider appropriate time when delivering info as it may not be absorbed or retained.

Question 7

Define “Sexual”

Answer 7

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 if 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.

Question 8

Define section 61 Sexual Offences Act 2003 - administering a substance with intent.

Answer 8

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, so as to enable any person to engage in sexual activity that involves a person.