Karteikarten
Rape law: actus reus, consent and case law
Karten in diesem Stapel (10)
- 1Criminal Law Notes (Semester II)Dara Mac Eoin
- 2Rape Rape under Section 4 Sexual Assault Aggravated Sexual Assault Statutory Rape Incest ProstitutionRape:
Rape is committed by a man who has sexual intercourse with a woman who does not consent to it and who at the time is aware that she is not consenting to it or is reckless as to whether she is or not. - 3rape may only be committed by a male against a female. Sexual intercourse: vaginal intercourse is the only form of intercourse that will constitute rape.The parties may be of any age.
The man must know the woman is not consenting or has to be reckless as to whether she is or is not consenting. - 4The actus reus of rape has two elements (a) sexual intercourse and (b) with a woman who is not consenting.The mens rea of rape:
knowledge on the part of the accused that the woman is not consenting
or
recklessness on his part as to whether she is or is not consenting. - 5R v Harding [1938] AllER 387 Absence of consent is part of the actus reus. Fraud can operate to nullify consent. It can occur where you have fraud as to the identity of the person or where you have fraud as to the nature of the act.Types of Rape in relation to misrepresentation:
1) where a man tells a woman that he wishes to touch her in a non-sexual way, she consents and he then had intercourse with her - 6(2) a woman who is ignorant of sexual matters submits to intercourse in the belief that she is receiving medical treatment or some other treatment (3) a woman who is aware of the facts of life submits to intercourse on a false representation by the man as to its therapeutic effects.People (DPP) v C [2001]
If a male knows that consent to sexual intercourse is given because the woman concerned believes him to be another person then he knows that there is no consent by the woman to having sexual intercourse with him - 7Knowledge or understanding of the facts material to the act being consented to is necessary for the consent to be voluntary and constitute acquiescenceR v. Cuerrier [1998]
Not disclosing your positive HIV status nullifys the consent given to engage in sexual intercourse - 8Resistance: any failure or omission on the part of that person to offer resistance to the act doe not of itself constitute consent to the actR v Olugboja [1982]
2 girls offered a lift home, drove to his home, started walking off. Followed them, picked up Jayne, drove off and raped her. took them both back to his home. Appellant had sex with one with no resistance - 9Every consent involves a submission. Not every submission involves consent If a man having sex with a woman becomes aware after penetration but before withdrawal she isnt consenting, he is guilty of rape unless he withdraws as soon as he realises she is not consenting.Sex is a continuing act that ends only with withdrawal. Where both have voluntarily consumed a great deal of alcohol, Provided intercourse is indeed consensual, it is not rape.
- 10A man rapes if: (a) he has unlawful sex with a woman who at the time of sex did not consent to it (b) at that time he knows she doesnt consent to sex or he is reckless as to whether she does or doesnt consentDPP v Morgan [1976]
three appellants convicted of rape
out drinking with a fellow officer
he had told them that his wife would be consenting. The defendants' belief in consent had to be reasonably held. The jury found them guilty
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- Karteikarten am Ohne Titel, erstellt von Dara Sven Mac Eoin am 23/03/2015.
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