Flashcards
Sexual Offences - Cases
Cards in this deck (17)
- 1R v Fotheringham [1989] Lack of reasonable belief - intoxication- F drunkenly mistook 14 y/o babysitter in bed for his wife - began intercourse with her
- Claimed that: a) he believed that babysitter was wife, b) his wife consented to penetration even when asleep
- Might have held if he had been sober - belief in consent caused by intoxication cannot be relied upon - 2Whitta [2006] Lack of reasonable belief- Defendant can only rely upon a reasonable belief in consent if he believes that the person he is penetrating is the same person who expressed consent
- Mistaken identity - thinks that B is someone else who has given consent, cannot run defence of reasonable belief at all - 3R v Linekar [1995] s74 Consent - conditional- Linekar = 14 y/o boy, slept with prostitute
- Prostitute claimed to have been raped, Linekar said she was "probably lying" because he hadn't paid her
- Trial judge found him guilty - if she only consented under the condition she would be paid, if he never intended to pay, he would be liable under s1
- Appeal judge overturned decision - 4R (F) v DPP [2013] s74 Consent - conditional- Complainant married to abusive man - continued to have consensual sex
- Incident - she consented on the strict condition that he pull out - made it clear during sex that he did not intend to pull out
- Held: following Assange - if these facts could be proven, this would be considered rape - 5R v Ciccarelli [2011] s74 - Consent- Social gathering - girl conducts herself "in a sexual way" towards boy
- Boy later awakens her by touching her vagina with erect penis
- Charged with sexual assault
- Boy claimed girl expressed conduct which intended to communicate consent
- Held: not a reasonable claim - 6R v Bree [2007] s74 - ConsentDrunk consent can still be valid consent
- 7MC v Bulgaria [2005] s74 - Consent- 14 y/o girl raped by two men - no force used, she was too scared to stop them - Bulgarian law says force must be proven for a rape conviction
- Taken to ECHR - held: does not matter that no force was used, agreement must be expressed to constitute consent - 8R v Williams [1923] s74 Consent - incapacity- Williams = choir master
- Persuaded choir girl she could sing better if she performed sexual acts on him
- Choir girl not aware he would gain sexual gratification from it
- Held: she was incapable of consenting - she did not have an understanding of the nature of sex - 9R v Oluboja [1982] s74 Consent - freedom to agree- Set precedent: whether a person was free to agree depends on whether they felt they could bear the consequences of saying "no"
- Oluboja's friend just raped a girl, O then asked to have sex with her
- She said no at first, explaining she had just been raped
- Believed the only way she could leave would be to have sex with him - consequences of saying no were abhorrent to her
- Held: rape conviction - 10R v Satnam and Kewel [1985] s74 Consent - freedom to agree- S and K raped 13 yo in back of car
- Claimed belief of consent as she did not say not
- Held: they needed to have "no doubt of consent" - 11IM v LM [2014] s74 - Consent"No one needs to know very much about sex to have the capacity to agree to it"
- 12Assange v SPA [2011] s74 Consent - conditional- Assange moved to English, Swedish woman brought rape claim against him
- Swedish authorities requested extradition - a SOA 2013 offence needed to be proved
- Woman agreed to sex on strict condition that he used a condom - he did not
- High Court held: would amount to rape under SOA 2013 - 13Assange v SPA [2011] s74 Consent - conditional consent Deception as to nature of the act- Conditional consent of use of condom - did not use one
- High Court held: would not carry under s76 - no big difference to the nature of the act between sex without or sex with condom
- Case still decided against him on basis of conditional consent - 14R v B [2013] s76 - Deceptions as to nature or purpose of the act- Woman forced to do indecent acts on webcam - s4 SOA 2003.
- Told if she did not, husband would be harmed - husband turned out to be the assailant
- CoA: no deception under s76(2)(a) - she was aware other person would be gaining sexual gratification - 15R v Green [2002] s76 - Deception as to purpose of act- Green pretended to be doctor - encouraged boys to masturbate for purposes of 'medical research'
Held: no consent - they were deceived as to purpose of the act - had no idea that doctor was gaining sexual gratification from the acts - 16R v McNally [2013] s76 - Deception as to nature of act- McNally and victim were intimate, no penetrative sex - McNally was actually female
- Charged with various counts of SA
- Tried to rely on consent
Held: there was material deception - no consent could be relied on
- No entirely clear whether falls within s76 - said that the nature of the act was fundamentally different - 17R v Jheeta [2007] s76 - Deception as to nature of the act- J persuaded ex-gf to keep having sex with him, by saying that people were out to get her and only J could protect her - J sent her anonymous threatening texts
- Pretended to be police officer on the case, recommended that she keep having sex with J
- Deception as to nature or purpose? Crown court said yes, CoA said s76 was not right route of conviction - but upheld conviction on basis of lack of freedom to consent
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- Undergraduate Laws LLB (CRIMINAL) Flashcards on Sexual Offences - Cases, created by Bethany Fieldhouse on 29/04/2017.
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- Bethany Fieldhouse
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