Sexual Offences Official

Question 1

Definition of Rape.

Answer 1

• One of the most well-known sexual offences and one of severe nature.
• Rape is governed by SECTION 2(1) of the “CRIMINAL LAW (RAPE) ACT 1981”, which provides:

(1) A man commits rape if
(a) he has unlawful sexual intercourse with a woman who AT THE TIME OF intercourse does not consent to it, and
(b) AT THE TIME he known me that she does not consent or he is RECKLESS as to whether she does or does not consent.

• The external elements of such offence are an act of sexual internou-se and the absense of consent.
• It is a gender specific offence in a sense that one a man can commit rape and only a woman can be a victim.

Question 2

MENS REA of the offence of rape.

Answer 2

• According to Section 2(1) of the “Criminal Law (Rape) Act 1981”, a man commits rape when he is aware of the absence of consent on the part of the woman and disregards this fact or he is reckless as to whether or not she is freely consenting to the act.

Question 3

ACTUS REUS of the offence of rape.

Answer 3

• There are two fundamental EXTERNAL ELEMENTS which constitute the actus reus of this grave offence, they are: penetration (carnal knowledge) and the absence of consent.

1) PENETRATION: According to SECTION 1(2) of the “CRIMINAL LAW (RAPE) ACT 1981” any references to sexual intercourse under this act are to be interpreted as references to “carnal knowledge” as defined in SECTION 63 of the “OFFENCES AGAINST THE PERSON ACT 1861”

• Carnal Knowledge? Carnal knowledge is complete upon penetration of the vagina by the penis it SHALL NOT BE NECESSARY to prove the actual emission of seed.
• Even the slightest penetration is sufficient:
• People (A.G) v. Dermody

2) CONSENT: In order to SECURE a conviction for rape, it must be proved BEYOND A REASONABLE DOUBT that the woman did not consent to the sexual intercourse.

• Consent? Consent is the free and informed exercise of the will of an individual who is of full age (of the age of consent) and has the requisite mental capacity.
• Consent can be NEGATED BY DURESS OR DECEPTION!!!

OBS Penetration + Lack of Consent are the two external elements which constitute the ACTUS REUS of the offence, therefore, the absence of consent cannot be used as a valid defense.

Question 4

Definition of Carnal Knowledge.

Answer 4

• As provided by SECTION 63 of the “OFFENCES AGAINST THE PERSON ACT 1861” carnal knowledge is complete upon proof of penetration of the vagina by the penis and it shall not be necessary to prove the actual emission of seed.
• However, even the slightest penetration is sufficient.

Question 5

Definition of Consent.

Answer 5

• Consent is the free and informed exercise of the will of an individual of full age and requisite mental capacity.
• However, consent can be negated by duress and deception!!!

Question 6

Marital Consent (Rape)