Sexual Offences

Sexual Offences

1. Why a revision is needed

   • Out dated and ill defined
   • reflect modern attitudes
   • conviction rates low
   • compliance with EU

2. S.2 & 3 Require acts to be sexual

   • s.78 Sexual offences act 2003
     • Reasonable person would consider (sexual)
       • in its nature is sexual
       • activity may be sexual and purpose of the person
         • Court
           • buttock fettish
         • R v H
           • touching of pocket after sexual advances

3. absence of consent that differentiates criminal activity

   • Hysa
     • absence does not have to be demonstrated or communicated
       • if the V cannot remember whether they said no is not fatal to the prosecution
         • A lie can be evidence of absence of consent
   • s.74
     • defines consent
   • Intoxication
     • Malone
       • lack of consent can be because you are incapable due to drink or drugs
   • Mistake
     • Morgan
       • mistaken belief in consent

4. S.1 Sexual offences act 2003

   • Defines offences
     • Rape
       • S.1
       • kaitamaki
         • consent can be withdrawn at any time
       • Leaver
         • consent withdrawn once sex became rough
       • ismail
         • no distinction between different types of rape

5. S.74, 75,76

   • defines what cannot be consent
     • Conclusive presumptions
       • Relevant act and deceiving
       • R v Williams
         • told sex was a breathing exercise
       • Linekar
         • didn't intend to pay prostitute
           • was still consenting to sex
       • R v B
         • hiv Not under s.74 consent to sex valid
       • jheeta
         • must be deceived as to the nature and purpose of the act

6. Assault by penetration

   • s.2(1)

7. sexual assault

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