Sexual Offences

Sexual Offences

1. Old Law

   • described as a patchwork of quilts by 'setting the boundaries' (2000)
   • Old common law rules and values were codified by sexual offences act 1956
   • whole collection of reforms were suggested by 'setting the boundaries' (2000)
     • Now codified into sexual offences act 2003

2. Rape

   • Definiton: forced sexual intercourse
   • Statutory offence under s.1 of 2003 act
     • Max sentence of life imprisonment
   • Actus Reus
     • Penile penetration of Vagina, Anus or Mouth
       • Expanded to mouth by (Ismail)
       • a continuing act from entry to withdrawal (s.79(2) of 2003 act)
       • Woman can be a secondary party by ordering victim to remove clothes and have intercourse (DPP v K and C)
     • Lack of consent by victim
       • no need for the use of force fear or fraud fr the victim to intercourse as a result of threats (Olugboja)
       • Victim must consent by choice have freedom and capacity to make that choice (s.74 of 2003 act)
       • Kidnapping and then having intercourse with her is sufficent evidence that consent was not made by choice (McFall)
       • tricking victim into relationship is also evidence of lack of consent (Jheeta)
       • If victim does not consent to sexually transmitted infection, then defendant will be charged wth biological GBH (Dica)
         • If victim still consented to sex, it is not rape (B 2006)
       • Evidential presumptions
         • s.75(2)(d)
           • Sleeping victim does not consent
             • Larter and castleton
         • s.75(2)(f)
           • Involuntary intoxicated victim does not consent
             • Camplin
             • presumption does not apply when victim becomes voluntarily intoxicated
               • Malone
               • Drunken consent is still consent where victim still remains capable of choosing (Bree)
         • Conclusive presumptions (s.76)
           • No consent if victim was decieved
             • surgery to cure fits (Flattery)
             • Would help vocal performance (Williams)
             • deception as to wealth and status do not affect consent (Linekar)
           • defendant is not allowed to provide evidence to prove otherwise
   • Mens rea
     • Intent to penetrate
     • Lack or reasonable belief in consent
       • Old Law: honest but unreasonable belief in consent
       • Post 2003 Law
         • Reasonable belief in consent
           • all circumstances will be considered including steps taken by defendant to ascertain consent s.1(2)
           • Reasonable grounds are those which are reasonable to a sober man (Fotheringham)
   • Rape can occur in marriage (R v R)

3. Assault by penetration

   • Actus reus
     • Penetration of Vagina or anus, with a body part or object, must be sexual and there must be lack of consent by victim
       • Sexual (s.78)
         • automaticatlly has a sexual nature
         • it is sexual because of its purpose or circumstances
   • Charged under s.2(1)
     • Viewed as a lesser offence to s.1 - (Lydmann)
   • Mens Rea
     • Intent to penetrate vagina or anus and lack of reasonable belief in consent

4. Sexual assault

   • Actus Reus
     • touching the victim; touching is sexual; victim does not consent
       • Touching victims breasts (Ralston)
       • Touching private parts (Forrester)
       • Kissing victims private parts (Turner)
       • Kissing victims face (W 2005)
       • Pressing body against victims buttocks (Nika 2005)
       • rubbing penis against victims body (Osmani
       • Sniffing victims hair while stroking her arm (Deal)
       • Ejaculating onto victims clothing while dancing (Bounekhla)
       • Touching victims clothing (R v H)
   • Mens rea
     • intent to touch; lack of reasonable belief in consent