Sexual Offences S1-4 and S74-76

Question 1

S75 Evidential Presumption of Consent

What’s are the 6 circumstances of this?

SLAVE?

Answer 1

S - Substance / Stupefied
L - Locked Up (unlawfully detained)
A - Asleep / unconscious 
V - Violence or fear of
E - EMobile / disabled 

Complainant was or due to:
A) unlawfully detained
B) Asleep or Unconscious
C) Physical disability unable to communicate
D) Any person had administered or caused to be administered a substance which enabled complainant to be stupefied or overpowered at relevant time of act.

Question 2

S.74 - Consent

States if the person gives consent to the act it should be ……….. …………….
and the person has the ………………….

(B) and ………….. of such an act

Answer 2

S.74 - Consent
States if the person gives consent to the act it should be

True consent (A) 
Freedom of choice
Capacity of such an act

Question 3

Section 74 - Consent

A)
True consent is not induced by:

S…………………………. of something

or

A…………………………. of something

And the person must have the:

………….. .. ………… and ……………….

Answer 3

Section 74 - Consent

A)
Submission through fear of something
(i.e. Children being taken away)

Or

Assurances of something
(person states they are not HIV positive)

And the person must have the:

Freedom of choice and capacity

Question 4

S75 Evidential Presumption of Consent

Certain criteria exist that allow presumptions to be made that consent was not expressly given.

The defendant must know two things:

And

75(2) circumstances:
Who is using/ causing fear and violence?
When is this happening?
Against who?

Answer 4

Knew they did the act (SLAVE)

and

Knew they existed

75(2) circumstances:
Any person
At the time, or immediately before
Used against them or another

Question 5

S76 Conclusive Presumptions about Consent (Fraud presumption ie a lie)

Two vital elements of S76 are:

1 The victim ……………………..
and
The defendant ………………….

Answer 5

Two vital elements of S76 are:

1. The victim “did not consent to the act”

and

2. The defendant did not believe the victim consented to the act.

Question 6

S78 -Sexual - Penetration, Touching or Other Activity

The act will be sexual if a reasonable person would consider:

A) Whatever the r………/p………. the act is S……..

B) Because of the n………. it may be S………..

or due to the persons ………….. it is S………

Answer 6

a) Whatever the reason/purpose the act is sexual. ie masturbation
b) Because of the nature it may be sexual

or

due to the persons purpose it is sexual

Question 7

S79(8) - Sexual Touching

Touching can be

1. With any …………….
2. With ………………….
3. Though …………….

Answer 7

S79(8) - Sexual Touching

Touching can be:

With any “part of the body”
Fingers, hands etc

With “anything else”
I.e with a riding crop

Though “anything”
Ie Clothing

Question 8

S78 -Sexual - Penetration, Touching or Other Activity

Sexual Activity

If the activity would not appear to be sexual to a ……

Answer 8

S78 Sexual Activity

If the activity would not appear to be sexual to a:

Reasonable person then
it will not meet the standard required
no matter the persons sexual gratification

For example the person who has a foot fetish working in a shoe shop - not sexual to a reasonable person.

Question 9

Section 1 SOA 2003 - Rape

1. I……………. P……………..
   2 . V…… A…….. M……… with P……….
2. B does not ……………
3. A does not ……………………………..

Belief of consent is based on all circumstances including……..…………………

Belief of consent is based on all circumstances including:

S….. ……. by A to ……… B C……….

Answer 9

Section 1 SOA 2003 - Rape

1. Intentionally Penetrates
   2 Vagina, Anas or Mouth with Penis
2. B does not “consent”
3. A does “reasonably believe B consents”

Belief of consent is based on all circumstances including:

“steps taken by A to confirm B consents”

Question 10

Section 2 SOA 2003
Sexual Assault by Penetration

1. I………… P…………….
2. The V………. or A……
3. Of ………. …………
4. With … …. .. …. …. or …….. …….
5. The penetration is ………….
6. B does not ………….. …………..
7. A does not ………….. ………….. ………….

Answer 10

Section 2 SOA 2003
Sexual Assault by Penetration

1. Intentionally penetrates the “vagina or anus”
2. of “another person (B)”
3. With “a part of their body” or “anything else”
4. The penetration is “Sexual”
5. B does not “consent to penetration”
6. A does not “reasonably believe B consents”

Question 11

Section 3 SOA 2003 Sexual Assault by Touching

1. The touching must be I………….
2. Not R……….. or A………….
3. S………..
4. B does not …………….
5. A does not R……….. B………. B C………

Answer 11

Section 3 SOA 2003 Sexual Assault by Touching

1. The touching must be “intentional”
2. Not “reckless or accidental”
3. “Sexual” (S78 refers)
4. B does not “consent”
5. A does not “reasonably believe B consents”

Question 12

S79(8) - Touching

Does the victim have to be aware of the touching for an offence to be committed?

Answer 12

S79(8) - Touching

NO

The victim does not have to be aware of the touching for an offence to be committed

i.e. A ejaculates on B

Question 13

Section 4 SOA 2003
Causing Sexual Activity Without Consent

(A) commits an offence if:

a) I……….. causes a……… to engage in activity
b) The activity is S…….
c) (B) does not …………. ……… to ………. ………..
d) (A) does not R………… B……….. (B) C………

Does A commit the offence by causing (B) to engage in sexual activity?

Does B have to take part or even be present?

Can anyone else be involved in this offence?

Answer 13

Section 4 SOA 2003
Causing Sexual Activity Without Consent

(A) commits an offence if:

a) Intentionally causes another to engage in activity
b) The activity is “Sexual”
c) (B) does not “consent to engaging in the activity”
d) (A) does not “reasonably believe (B) consents”

YES - (A) commits the offence by causing (B) to engage in sexual activity.

NO - (B) does not have to take part or even be present.

YES - Others can be involved in this offence but way of aiding and abetting.

Question 14

S76 also deals with situations where as a result the act only happened because the defendant:

1. D…………. the victim about the N…….. & P…….

Or

2. I………. the victims to C………

Answer 14

S76 also deals with situations where as a result the act only happened because the defendant:

1. “Deceives” the victim about “nature” and “purpose” of act
   Eg inserting fingers for a medical purpose

Or

2. “Induces” the victim to “consent”
   (Impersonating a person known to them)

Eg Victims partner
Webcam example, father pretends to be his daughter - the “purpose”

NB. A false promise or deception that a person will marry the other if they have sex more often or that they would pay for sex would NOT fall under S76 as the person will have known about the “nature and purpose of the act”.