Sexual Offenses Flashcards
Define sexual intercourse
Any degree of penile penetration intended to be within the vagina
- from tip of penis between labia majora to full vaginal penetration
With or without emission of seminal fluid
Lawful if with consent
Define rape
If a person (A) with A’s penis
- without another person (B) consenting
- without any reasonable belief that B consented
- penetrates to any extent the vagina, anus or mouth of B
Define assualt by penetration
If a person (A) with any part of A’s body or anything else
- A without another person (B) consenting
- without any reasonable belief that B consents
- penetrates sexually to any extent the vagina or anus of B
Define sexual assualt
If person (A) - without another persons (B) consent does any of the following - penetrates sexually the vagina, anus or mouth - touches sexually - engages in any other form of sexual activity - ejaculates semen - emits urine or saliva
Define sexual coercion
If person (A)
- without B consenting to sexual activity
- intentionally causes B to participate in that activity
Define administering a substance for sexual purposes
Intentionally administers substance to other
- for the purpose of stupefying or overpowering B to engage in sexual activity
Sexual intercourse may be unlawful due to
Lack of consent
Under age
Insufficient mental capacity
Features of consent
Rape requires absence of honest belief that women consented Consent can be withdrawn at any time Marital rape Valid consent cannot be give by - girl under 16 - those without mental capacity
Circumstances where victim is without free agreement
Victim under
- effect of alcohol
- violence
- threats of violence
- unlawfully detained
- deception
- impersonating person known to B
Consent if invalid if obtained through
Force or violence Threat of force of violence Threat of force towards another person Unlawful detention Asleep or otherwise unconscious Drugging Deception Impersonation
Features of marital rape
Previously sex within marriage was regarded as lawful
Vows implied absolute private to intercourse
Consent deemed removed if separated
Marital rape now occurs if partner says no
Features of capacity to consent
If someone unable to - understand what conduct is - form a decision - communicate such decision Then they are able to consent
Sexual offenses involving children
Offences mirrors those involving adults
Rape, sexual penetration, sexual assault, coercion
Different gravity depending on age
- < 13 grave offense
- 13-16 genuine defence if male under 24 to claim didn’t know real age giving lesser sentence
Features of rape
Genital penetration plus Force - physical or chemical by intoxication Fear - interment or future harm to oneself or those close Fraud - impersonation of partner False consent - age - mental capacity - intoxication
Rape statistics
50% indoors 50% know assailant 50% show no evidence of injury - 20% moderate violence - 30% excessive violence 98% rapists not "mad"
Issues with proving rape
No injuries on rape victim
Injuries can occur during consensual sex
Legal argument is usually over consent
Statistics on reaction to rape
55% submit - safe option to avoid stimulation of violence
27% try to scream
18% fight back
Reasons of failure to report rape
Fear Victim feels ashamed, dirty, guilty Victim knows attacker Fear of court case - have to re-live experience - publicity - cross examination
Role of Forensic Medical Examiner (FME)
Physician Document and interpret injuries Extension of forensic laboratory Provision of report Expert witness
Objective of FME examination
Has assault taken place and when Sexual in nature Evidence of resistance or restraint Did intercourse occur and what type Did ejaculation occur and where Is there any trace evidence
Features of FME examination of victim
Premises, consent, chaperone History - in own words - sequence of events, positions, resistance - penetration and ejaculation - subsequent activities - menstrual hx Examination - general - whole body - bruising - fingertip, thighs, hickeys - scratching - aggressive biting - genital Laboratory samples Aftercare
Examination of sexual assault victim
General exam - injuries - hair - combed and cut - mouth swabs - skin swabs - fingernail scrapings Genital exam - injuries - pubic hair - combed and cut - glaister globe or colposcopy - vaginal swabs - anal swabs
Sequence of swabbbing
First moistened swab rolled over skin
- rehydrates and loosens foreign cells
Second dry swab rolled over same area
- picks of foreign cells/DNA
Laboratory samples vicitm
Clothing Head hair Swabs from mouth, saliva < 2days Fingernail scrapings/clippings/swabs Skin swabs from bites Pubic hair Vaginal swabs < 7 days - vulva - moist and dry - lower 1/3 at 3-5 cm - 2 dry swabs - upper 2/3 after insertion of speculum - 2 dry - endocervical canal - 2 dry Ano-rectal swabs < 3 days - perianal skin - moist and dry - anal canal - 2 dry - rectum after proctoscope - 2 dry Blood
Laboratory samples suspect
Clothing Head hair Swabs from mouth, saliva < 2days Fingernail scrapings/clippings/swabs Skin swabs from bites Pubic hair Swabs from penis < 3 days - shaft - moist and dry - foreskin / coronal sulcus - moist and dry - glans - moist and dry Blood Saliva
How long do sperm survive
Vagina - 24-72 hours
Upper vagina < 6 days
Endocervical canal - up to 7 days
Anus 1-3 days - pushed out by defaecation
Mouth < 12 hours - drinking, brushing teeth
Important factors in interpreting findings of sexual assault/rape
Nature of acts Nature of locus Physical/age disparity Extent of resistance Sexual inexperience Time between incident and presentation Events between incident and presentation
Popular lines of defence against rape charge
No actual penetration Victim consented Poor communication Victim led attacker on Victim dressed provocatively Victim sexually experienced
Important parts of aftercare of sexual assualt/rape
Reassurance or referral
Contraception
Sexually transmitted disease
Counselling
Other sexual offenses
Incest - 1st degree relative
Bestiality
- vaginal or anal penetration by man or women with animal
Sexual penetration of a corpse
Profile of an organised offender
Above average intelligence Skilled worker Socially and sexually competent May have partner High birth order - first born Stable background Inconsistent discipline Control during crime Alcohol used Precipitating stress Car in good condition Follows media cover May leave town
Crime scene of an organised offender
Offence is planned Victim target stranger Victim personalised Controlled conversation and scene Demands submissive victim - restraints may be used Victim transported Aggressive in life Weapon, evidence absent Body transported and hidden
Profile of a disorganised offender
Below average intelligence Unskilled worker Socially and sexually incompetent Lives alone Low birth order Unstable background Harsh discipline in childhood Anxious during crime No alcohol No precipitating stress Lives/works near Min interest in media Stays put but may change behaviours
Scene of a disorganised offender
Spontaneous offence Victim/location known Victim depersonalised No conversation Random, sloppy scene Sudden violence No restraints Sexual acts PM Weapon, evidence left - often a rock etc found at scene Body left and scene and in view
