Sexual Offences cases Flashcards
1
Q
R v Allen (Henry)
A
- Only the slightest penetration is required
2
Q
R v Kaitamaki
A
- [1984]
- New Zealand case which reached the House of Lords. Defendant accused of raping the victim on 2 different occasions, but tried to make the argument that she consented at the time of penetration, and then the withdrawal of consent didn’t matter after the penetration. This argument wasn’t accepted.
3
Q
Meaning of intention?
A
Ordinary meaning of intent
- R v Moloney, R v Woolin
4
Q
R v Bree
A
- [2007]
- Defendant and victim had consumed a lot of alcohol and had sex, but the victim was so drunk she couldn’t move her limbs or speak, so she couldn’t possibly have consented
- If complainant had temporarily lost her capacity to choose, she was not consenting and that would be rape
- Where the complainant voluntarily consumed quantities of alcohol, but remained capable of choosing, and agreed to do so, that would not be rape
5
Q
R v Nathan Wright
A
- [2007]
- Issue of capacity to consent
- Victim was so drunk that she couldn’t remember what happened, but witnesses said they saw them having sex, and the victim told the defendant’s girlfriend that she had had sex with her boyfriend
6
Q
F v DPP
A
- [2013]
- Conditional consent
- F was a mother of one who did not want a child, said she’d consent to sex with her husband, X, only if X withdrew or used a condom. X lied and said he agreed to F’s terms, but then during sex refused to withdraw.
- The Crown declined to prosecute. Held, consent vitiated, following Assange.
7
Q
Julian Assange v Sweden
A
- [2011]
- Conditional consent
- what he did wouldn’t be a crime in England and Wales, but the consent wasn’t valid because it was conditional
8
Q
R v Lawrence
A
- [2020]
- Conditional consent
- Lying about having a vasectomy was deemed to be a lie about fertility, not a lie about the sex act and so did not vitiate consent
9
Q
R v Williams
A
- [1923]
- Deception as to nature of purpose of act
- Lead a church choir in a village, the V was a teenage girl, he told the child and her parents that consent, sing better she needed a medical procedure, when in actual fact he was having sex with her.
- But argued that he had consent, but this was not accepted
10
Q
R v Jheeta
A
- [2007]
- Deception as to nature of purpose of act
- victim didn’t want to have sex with her boyfriend and wanted to break off the relationship.
- He impersonated the police that if she didn’t have sex with him then they’d send her a fine, deceived by the circumstances. Court said no
11
Q
R v Flattery
A
- (1877)
- Deception as to nature of purpose of act
- took her daughter to a medicine man who could stop her daughter’s fits, but was having sex with the daughter
12
Q
R v B
A
- [2013]
- Deception as to nature of purpose of act
- gets his girlfriend to sent topless photos and then blackmails her, then impersonates another person and tells her he killed the other person
13
Q
R v Denvonald
A
- [2008]
- Deception as to nature of purpose of act
- not a good authority anymore, but deception of a 37 year old man angered after boyfriend breaks up with his 16-year-old daughter.
- The dad creates an online profile of a woman, gets boyfriend to masturbate on a webcam and then expose him and put it on the internet
14
Q
R v Elbekkay
A
- [1995]
- Impersonation
- got into bed with the V, kissing her, telling her that he loves her, starts having sex with her, then she realises that its not her boyfriend
15
Q
DPP v Morgan
A
Held that an honest belief was all that the defendant needed whether reasonable or not
16
Q
R v Fotheringham
A
- A genuine belief but one formed as a result of intoxication is not a defence
- rape of babysitter who was asleep in bed at appellant’s home where defendant claimed he was under the influence of drink & believed he was having intercourse with his wife; appeal dismissed.
