Flashcards
Rape - Criminal Law
Flashcards do conjunto (12)
- 1Defendant raped woman twice. Argued that she had consented and that he reasonably believed that she was consenting. But noticed at the second occasion that she was not consenting after penetrated her and did not withdraw. Court held that penetration is a continuing act. Guilty or rapeKaitamaki
- 2Rape can take place even if marriedR V R
- 3Doctor said he would give operation to a girl. Deceived the girl and had sex with her. Conclusive PresumptionFlattery 1877
- 4Boyfriends friend went to the girlfriend and had sex with her acting as her boyfriend. Impersonation.El Bekkay
- 5Senior officer from RAF invited three junior officers to have sex with this his wife. Told them his wife was kinky and if she would resist for them to ignore it. They all had sex with her and were charged with rape. Husband was not charged with rape, that time martial rape didnt exist. Conviction was uplifted because there was a mistaken belief of consentDPP V Morgan
- 6Teacher touched student breasts and told them he worked for a hospital. Done examinations on females breasts and they gave consent thinking it was for medical research and not for indecent behavior. Deceived the females, no consent.Tabassum 2000
- 7What is the consent of RapeB does not consent. A does not reasonably believe that B consents
- 8What are the conclusive presumptions?1.Deception as to the nature or purpose of the act. OR 2. Impersonating a person known personally to the complainant.
- 9What is included in the evidential presumptions?1.Violence or fear of it
2. Unlawful detention
3.Asleep or Unconscious
4. Inability to communicate due to physical disability
Substance that stupefies or overpowers a person. - 10What is the definition of consent?A person consents if he agrees by choice, has the freedom and capacity to choose.
- 11Defendant had sexual intercourse with a 16 year old girl who was drunk and also drifting in and out of consciousness. Court states that the absence of consent was a matter of common sense.R v Malone
- 12Complainant agreed to intercourse because of fear. Court gave consent its natural meaning. Difference between desire and doing it out of fear.Olugboja
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- FlashCards sobre Rape - Criminal Law, criado por Zakk Jama em 21-01-2014.
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- Zakk Jama
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