Sexual Offences

Sexual Offences

1. Sexual Offences Act 2003

   • Prior to the SOA Act
     • Concept of "Sexual"
       • Indecency - R v Court 1989
         • Viewed objectively
       • R v George 1956
         • Foot fettish
   • Post SOA Act
     • Sexual was defined in s78
       • Penetration, touching or any other activity is sexual if a reasonable person would consider that
         • By nature
         • By circumstances or purpose
       • A two stage process: R v H
         • 1. Whether the jury, as 2 reasonable people, consider that the conduct in particular circumstances before them because of its nature might be sexual
         • 2. Whether they, as reasonable people consider that the conduct in view of the circumstances of the purpose of the person in relation to it or both was in fact sexual

2. Rape

   • S1 SOA ACT
     • A person commits and offence if
       • he intentionally penetrates the vagina, anus or mouth of another person with his penis
       • B does not consent to the penetration
       • A does not reasonably believe that B consents
   • Actus Reus
     • Penetration of V's vagine, anus or mouth by D's penis without consent
       • Only men can commit rape
         • Transsexual perpetrators S79
       • Penetration - A continuing act from entry to withdraw
   • Mens rea
     • Intentional penetration without consent