Sexual Offences & Domestic Abuse

Question 1

Define ‘consent’ as stated in section 74 of the Sexual Offences Act 2003

Answer 1

“a person consents if he/she agrees by choice, and has the freedom and capacity to make that choice”

Question 2

What is meant by ‘capacity to make that choice’ when discussing ‘consent?

Answer 2

Capacity to agree, means the ‘ability to decide’ AND be able to communicate the decision.

Question 3

A child under what age, lacks the capacity to consent?

Answer 3

13 yrs

(Sexual assault of a child under 13yrs is a separate offence).

Question 4

Section 1 of the Sexual Offences Act 2003 covers what area…

(Can you state the legislation?)

Answer 4

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.”

Question 5

What constitutes the offence of rape?

2 points

Answer 5

1. Can only be committed by a male because it relates to penile penetration.
2. Penetration is defined as a continuing act from entry to withdrawal.

Question 6

Establishing the “Absence of Consent” uses 2 forms of statutory presumptions, what are they?

Answer 6

EVIDENTIAL Presumptions &

CONCLUSIVE Presumptions.

Question 7

Establishing the “Absence of Consent” uses 2 forms of statutory presumptions, one of which is EVIDENTIAL Presumptions, what does this mean?

Answer 7

Evidential presumptions can be argued by the defence; section 75 SOA 2003

Use, or fear, of violence.

Unlawful detention.

Unconsciousness (or asleep)

Inability to communicate due to physical disability.

Substances non-consensually administered (alcohol/drugs such as rohypnol).

If ANY of these apply, it is presumed the victim did NOT consent.

Question 8

Establishing the “Absence of Consent” uses 2 forms of statutory presumptions, one of which is CONCLUSIVE Presumptions, what does this mean?

Answer 8

Section 76 SOA 2003 covers ‘Conclusive Presumption’
Where it can be proved that the defendant;
Did the act, and that they intentionally,
a. Deceived the victim as to the nature or purpose of the act*
b. Gained consent by impersonating a person known to the victim.

• think, someone says that digital penetration of her vagina is a necessary medical procedure, when really it is for their own sexual gratification.

Question 9

Define Section 2 of the SOA 2003

Answer 9

Section 2: “Sexual Assault by Penetration”

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

(Note: can be committed by a male or female, and the intent is motivated solely to provide sexual pleasure and not injury).

Question 10

Define Section 3 SOA 2003

Answer 10

Sexual Assault (‘by touching’).

A person (A) commits and offence if they intentionally touch another person (B)
and…
the touching is sexual,
(B) does not consent to the touching and
(A) does not reasonably believe that (B) consents.

Question 11

What is covered by the following sections of the Sexual Offences Act 2003;
Section 1.
Section 2.
Section 3.
Section 4.

Answer 11

Sec. 1: Rape.
Sec. 2: Sexual Assault by Penetration.
Sec. 3: Sexual Assault by Touching.
Sec. 4: Causing A Person To Engage In Sex Without Consent.

Question 12

Outline section 4 SOA 2003

Answer 12

“Causing a person to engage in sexual activity without consent”

Examples….
• An individual may cause another person to engage in sexual activity with them, for
example, a woman compels a man who does not consent to penetrate her.

• An individual could force another person to carry out a sexual act on themselves,
for example, where an abuser forces their victim to masturbate.

• An individual forces another person to engage in sexual activity with a third party,
whether that third party is a willing participant or another victim, for example, a man
forces a woman to give oral sex to a fellow abuser.

Question 13

What section of SOA 2003 covers ‘Date Rape Drugs’ ?

Answer 13

Section 61

Question 14

Rape Trauma Syndrome identifies 3 stages of psychological trauma - what are they?

(Can you provide a very brief overview of each stage?)

Answer 14

ACUTE STAGE > ADJUSTMENT STAGE > RE-NORMALISATION STAGE

ACUTE: Diminished alertness, numbness, obsession to wash, calmness.

ADJUSTMENT: Anxiety, depression, persistent fear, sense of helplessness, flashbacks.
Appear to have resumed normal life, but suffer internal turmoil.
A range of coping mechanisms applied by the individual such as ‘underground stage’/’re-organisation satge’ - victims may develop phobias.

RE-NORMALISATION: Recognises the impact, feelings of guilt & shame resolved.
Victims/survivors no longer blame themselves for the attack.

Question 15

When considering “Child Abuse & Responses to Safegaurding Children” - what are the 4 main types of abuse?

Answer 15

Neglect. (Persistent failure to meet a child’s basic physical or psychological needs).

Physical Abuse. (Hitting*, Shaking Throwing, Drowning, Suffocation).

Emotional Abuse. (Persistent or sever emotional ill-treatment, has an adverse effect of child’s emotional and behavioural development).

Sexual Abuse. (The involvement of children in sexual activity of any kind).

• March 2022 sees an amendment to Sec.58 of the Children Act 2004 - making what has been known as ‘lawful chastisement by a parent’ an offence.

Question 16

Section 5 Domestic Violence, Crime & Victims Act 2004 - states it is an offence to “Cause or Allow….” what? (1 point)

Why do you think this was introduced? (3 points)

Answer 16

Sec. 5 DVCVA 2004 states;
“Causing or Allowing the death or to suffer serious physical harm of a child or vulnerable adult.”

To prevent cases where both parents could blame each other and it was very difficult
to prove offences

Only applies to members of the victim’s household, who had frequent contact with the
victim, and could therefore reasonably be expected to have been aware of the risk.

Applies only to those who are 16 or over (unless they are the mother or father).
Members of the household under 16 will not have a duty of care.

Question 17

“Child Cruelty” is largely covered by Sec. 1 of the Children & Young Persons Act 1993 - but what does this section state?

Answer 17

It is an offence for a person 16yrs or over who, having responsibility for a child under 16, wilfully assaults, ill treats, neglects, abandons, or exposes the child in a manner that is likely to cause unnecessary suffering or injury to health.

Question 18

When considering offences against children, what is meant by ‘significant harm’ ?
(3 points)

Answer 18

The term ‘significant harm’ refers to harm which is affecting or would affect the child’s physical or psychological development.

It includes impairment suffered from seeing or hearing the ill-treatment of another.

Sometimes a single traumatic event may constitute ‘significant harm’ however it is more often a compilation of events which interrupt, change or damage the child’s development.

Question 19

Sexual Offences Act 2003, sections 5, 6, 7 & 8 relate to offences against children U13,
What are they?

(A child under 13 CANNOT Consent. This cannot be used as a defence).

Answer 19

Section : Offence
5 : Rape of a child U13

6 : Sexual Assault of a child U13 by penetration.

7 : Sexual Assault of a child U13 by touching.

8 : Causing or Inciting a Child U13 to engage in sexual activity.

Question 20

Sexual Offences Act 2003, sections 9, 10, 11 & 12 relate to offences against children U16,
SUMMARISE these sections.

(Can the offender argue he believed that the child was over 16? eg. 15y/o wearing make up, drinking in a pub).

Answer 20

Section : Offence
9 : It as an offence for a person aged 18 or over to intentionally engage in sexual touching of a child under 16. [9 (2) ‘Penetration’]

10 : Makes it an offence for a person aged 18 or over intentionally to cause, encourage or assist a child aged under 16 to engage in sexual activity. [10 (2) ‘Penetration’]

11 : An offence for a person aged 18 or over intentionally to engage in sexual activity in order to gain sexual gratification, when a child under 16 is present or in a place from which the defendant can be observed.
(Male or female offender or victim - victim does not have to ACTUALLY witness the activity - it’s the intent of the offender…

12 : Causing A Child To Watch A Sexual Act - The offence is intended to cover the situation where someone seeks sexual
gratification not from the sexual act itself but rather from causing the child to watch a
third party involved in a sexual activity (live or recorded)

Question 21

Briefly discuss ‘Sarah’s Law’

(What is it? Who can make enquiry? What must they do with information).

Answer 21

Sarah’s Law - or the child sex offender disclosure scheme - allows parents, carers and guardians to formally ask the police to tell them if someone has a record for child sexual offences.
(Similar to Claire’s Law - which is specifically Domestic Violence related).

The information will only be provided to the person making the enquiry.

The person receiving the information must agree to keep it confidential.

Question 22

What is ‘Prostitution’ - and which section of the SOA covers this?

Answer 22

Section 51 SOA, states;

“A person who, on at least one occasion and whether or not compelled to do so,
offers or provides sexual services to another person
in return for payment or promise of payment to themselves or a third person.

Question 23

What is ‘Prostitution’ - and which section of the SOA covers this?

Answer 23

Section 51 SOA, states;

“A person who, on at least one occasion and whether or not compelled to do so,
offers or provides sexual services to another person
in return for payment or promise of payment to themselves or a third person.

Question 24

Define “Domestic Abuse”

Answer 24

Behaviour of person A to person B is Domestic Abuse if…
A & B are; over 16y/o, personally connected & the behaviour is abusive.

Behaviour is ‘abusive’ if it consists of any of the following;
physical or sexual abuse, violent or threatening behaviour, controlling and coercive behaviour, economic, psychological or emotional abuse…

…It does not matter if the behaviour is a single incident or a ‘course of conduct.

Question 25

What is a DASH?

Answer 25

Domestic Abuse, Stalking & Harassment - Risk identifying, assessment and management.

Question 26

What do you know about MARAC?

Answer 26

Multi Agency Risk Assessment Conference

A common strategy to understand risk in relation to domestic abuse and honour based abuse.
Enables agencies to make defensible decisions.

We should always consider; who is at risk, their perception & my perception

Question 27

What do you know about PPN’s?

Answer 27

Every DA, stalking and harassment incident requires a PPN submission.
These enable 3rd party agencies to share information - and add their own - enabling them to provide further assistance to the victims and other vulnerable people involved.

Question 28

Explain the DVPN process.

Answer 28

Domestic Violence Protection Notice’s.

Issued by Police to provide emergency protection to the victim.
* Must be considered at the earliest stage possible *

Signed off by Supt. or above.
Perp’ is over 18 y/o
Reasoable grounds to believe they have been or threatened violence towards the victim.
DVPN is necessary to protect victim.
Victim & Perp’ do not live together (if they do, this won’t work).
DVPN does not require consent of the victim.
48 hours starts from the time of ‘service’ not authorisation.