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Mapa mental

Sexual Offences

usmanzafar Crimimal Law Inglês

Conteúdo do mapa

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

Informações

Descrição
Crimimal Law Mapa Mental sobre Sexual Offences, criado por usmanzafar em 15-04-2013.
Criado por
usmanzafar
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