trespass to the person - rape and sexual assault

Question 1

legislation for rape?

Answer 1

Sexual Offences Act 2003

s1

Question 2

legislation for assault by penetration?

Answer 2

Sexual Offences Act 2003

s2

Question 3

legislation for sexual assault?

Answer 3

Sexual Offences Act 2003

s3

Question 4

definition of rape?

Answer 4

(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.

Question 5

definition of assault by penetration?

Answer 5

(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.

Question 6

definition for sexual assault?

Answer 6

(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching,

Question 7

what percentage of rape victims are women?

Answer 7

90%

Question 8

how many women are victims of rape or attempted rape?

Answer 8

4.6%

Question 9

reasons for low conviction rate?

Answer 9

• Gender stereotypes and assumptions
• Rape myths of what constitutes rape and who can be rape victims (like that majority occur by people they know and in the home)
• When reporting, often treated with hostility and disbelief by police so they don’t want to continue
• Made to feel like they brought it on themselves by drinking or wearing short skirt, so drop charges

Question 10

what was the reason for the judicial review into change of policy for rape convictions?

Answer 10

• reports of rape increase by almost 1/3 upto 2020
• but number rape prosecutions more than halved
• case brought by ‘end violence against women’ group

Question 11

what happened in Parrington 1999?

Answer 11

• P raped by boss and harrassed, complained then dismissed
• crim case didn’t have enough evidence
• but won in tort case, different levels of proof

Question 12

what happened in Lawson (2006)?

Answer 12

• own hairdressers, rich guy imprison of island and assault
• def die in car accident but brough tort against estate
• proved on balance she was imprisoned and assaulted
• one of highest payouts as she lost business