Sexual Offences law

Question 1

Definition of RAPE under sexual offensives act 2003 (section 1)

Answer 1

• (a) intentionally penetrates VAGINA, MOUTH or ANUS of another person (b) with PENIS
• (b) does not consent
• (a) does not reasonably believe that (b) consents

Note: vagina includes vulva (does not have to penetrate beyond hymen)

Question 2

Definition of RAPE of a child <13y (section 5 of sexual offences act 2003)

Answer 2

• (a) intentionally penetrates VAGINA, MOUTH or ANUS of another person with PENIS
• other person is <13y

Note: vagina includes vulva (does not have to penetrate beyond hymen)

Question 3

Absence of consent presumed when:

Answer 3

• violence used or threatened
• a person detained against their will
• cannot communicate consent (ie through physical or mental disability)
• use of stupefying substance against a persons will

(Also < 13y but covered with separate definitions in SOA 2003)

Question 4

Assault by penetration (sexual offences act 2003) definition

Answer 4

(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.

(*Or < 13y)

Question 5

Sexual assault definition (sexual offences act 2003)

Answer 5

(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

Question 6

Causing a person to engage in sexual activity without consent (sexual offences act 2003) definition

Answer 6

A person (A) commits an offence if—

(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.

Question 7

Sexual offences law in the 4 nations -

Answer 7

England and Wales: sexual offences act 2003
NI: Sexual offences order 2008
Scotland: sexual offences act 2009

Question 8

SOA 2003 definition of consent

Answer 8

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

Question 9

SOA 2003 - abuse in position of trust definition

Answer 9

A person aged 18 or over (A) commits an offence if—

(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) A is in a position of trust in relation to B,
(d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
(e) either—
(i) B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.

Question 10

Age of criminal responsibility in England

Answer 10

10 years old

Question 11

Age of criminal responsibility in Scotland

Answer 11

8 years old (although unlikely to be prosecuted if under 12y)