sexual offencesz Flashcards
Sexual offences Act s.1
Rape -
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
Only slightest penetration required: R v Allen (Henry)
Penetration as continuing act (s 79(2)) – meaning consent can be withdrawn during sex
The penetration must be intentional- R v Moloney or R v Woolin
consent under s.74 SOA
.agrees by choice, and has the freedom and capacity to make that choice
consent and intoxication
If complainant had temporarily lost her capacity to choose, she was not consenting, that would be rape
Where complainant voluntarily consumed substantial quantities of alcohol, but nevertheless remained capable of choosing, and agreed to do so, that would not be rape
conditional consent
Julian Assange v Sweden [2011] EWHC 2849 - “not unless you use a condom”
F v DPP [2013] EWHC 945 (Admin): 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.
s.76
irrebuttable presumptions
s 76(2)(a): the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
S 76(2)(b): the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
s.2 SOA
Assault by penetration
A person (A) commits an offence if–
(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
wider offence than rape - not specifically penis
s.3 SOA
Sexual assault
A person (A) commits an offence if–
(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
touching in SOA s 79
Touching includes touching–
(a) with any part of the body,
(b) with anything else,
(c) through anything,
sexual definition
s.78
Penetration, touching or any other activity is sexual if a reasonable person would consider that–
(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
s.4 SOA
sexual activity without consent
Section 4 SOA 2003: Causing a person to engage in sexual activity without consent
(1) 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.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
S.4 cont.
(4) A person guilty of an offence under this section, if the activity caused involved–
(a) penetration of B’s anus or vagina,
(b) penetration of B’s mouth with a person’s penis,
(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else,
(d) penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
(5) Unless subsection (4) applies, a person guilty of an offence under this section is liable–
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.
forced to penetrate
So, women cannot commit the crime of rape (but can be an accomplice to rape) due to the wording of s 1
Instead forced sex by a woman would be prosecuted as:
Assault by penetration (where the woman rapes with an object) (section 2)
Sexual assault (section 3)
Causing a person to engage in sexual activity without consent (section 4) – ‘forced to penetrate’
Can receive a life sentence for this
