Sexual Offences

Sexual Offences

Old Law
1. described as a patchwork of quilts by 'setting the boundaries' (2000)
2. Old common law rules and values were codified by sexual offences act 1956
3. whole collection of reforms were suggested by 'setting the boundaries' (2000)
  1. Now codified into sexual offences act 2003
Rape
1. Definiton: forced sexual intercourse
2. Statutory offence under s.1 of 2003 act
  1. Max sentence of life imprisonment
3. Actus Reus
  1. Penile penetration of Vagina, Anus or Mouth
    1. Expanded to mouth by (Ismail)
    2. a continuing act from entry to withdrawal (s.79(2) of 2003 act)
    3. Woman can be a secondary party by ordering victim to remove clothes and have intercourse (DPP v K and C)
  2. Lack of consent by victim
    1. no need for the use of force fear or fraud fr the victim to intercourse as a result of threats (Olugboja)
    2. Victim must consent by choice have freedom and capacity to make that choice (s.74 of 2003 act)
    3. Kidnapping and then having intercourse with her is sufficent evidence that consent was not made by choice (McFall)
    4. tricking victim into relationship is also evidence of lack of consent (Jheeta)
    5. If victim does not consent to sexually transmitted infection, then defendant will be charged wth biological GBH (Dica)
      1. If victim still consented to sex, it is not rape (B 2006)
    6. Evidential presumptions
      1. s.75(2)(d)
        Sleeping victim does not consent
        Larter and castleton
      2. 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)
      3. 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
4. Mens rea
  1. Intent to penetrate
  2. Lack or reasonable belief in consent
    1. Old Law: honest but unreasonable belief in consent
    2. Post 2003 Law
      1. 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)
5. Rape can occur in marriage (R v R)
Assault by penetration
1. Actus reus
  1. Penetration of Vagina or anus, with a body part or object, must be sexual and there must be lack of consent by victim
    1. Sexual (s.78)
      1. automaticatlly has a sexual nature
      2. it is sexual because of its purpose or circumstances
2. Charged under s.2(1)
  1. Viewed as a lesser offence to s.1 - (Lydmann)
3. Mens Rea
  1. Intent to penetrate vagina or anus and lack of reasonable belief in consent
Sexual assault
1. Actus Reus
  1. touching the victim; touching is sexual; victim does not consent
    1. Touching victims breasts (Ralston)
    2. Touching private parts (Forrester)
    3. Kissing victims private parts (Turner)
    4. Kissing victims face (W 2005)
    5. Pressing body against victims buttocks (Nika 2005)
    6. rubbing penis against victims body (Osmani
    7. Sniffing victims hair while stroking her arm (Deal)
    8. Ejaculating onto victims clothing while dancing (Bounekhla)
    9. Touching victims clothing (R v H)
2. Mens rea
  1. intent to touch; lack of reasonable belief in consent

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	Created by usmanzafar about 11 years ago