rape

Question 1

s1 sexual offences act 2003

Answer 1

RAPE

• a person (a) commits rape if he intentionally penetrates the vagina, anus or mouth of another person (b) with his penis and
• B does not consent to the penetration and A does not reasonably believe that B consents
• Rape can only be committed by a man as it requires penetration

Question 2

whats S74 SOA

Answer 2

so its consent

• as person consents if they agree by choice and has the freedom and capasity to make the choice
• you can never concent if you are under age of 13, have a mental disorder or be intoxicated

Question 3

whats a statutory presumption

Answer 3

applies to s1-4 and they are defences that can be argued by the defence

there are two types evidential and conclusive

Question 4

whats a evidential presumption - section

Answer 4

S75A SOA

• the nasty did the assault, the circs existed and the nasty knew they existed

therfore the court will make presumtion that the victim did not concent due to the existing circs

Question 5

evidential circs list

Answer 5

found in S75 (2) SOA - 6

• use of fear or violence
  -unlawful detention
• unconsciousness
• inability to communicate from physcial disability
• substances are consensually administered that are capable of stupifying or overpowering

Question 6

situation where it is presumed victim did not concsent - and who holds the burden

Answer 6

• so its for the defence to prove that these 6 situations did not apply same as the evidential circs list
• use violence immedatly before or at time
• they were unlawfully detained
• the person was unconscious
• physical diabilities they cannae communicate consent
• so the person administed substance without them knowing and it would stupify them

Question 7

whats a conclusive presumtion

Answer 7

s76(2)

• so they did the act but if the circs existed then its got to be conclusively presumed that they did not consent and that the nasty did not believe that the victim consented
• 2 circs -
• the defendant intentionally decieved the complaiaint as to the nature or purpose of the relevant act
• the defendant intentionally induced the victim to the consent to the act by impersonating a person known personally to the complainant

Question 8

S71 domestic abuse act 2021

Answer 8

• a person cannot consent to the infliction of serious harm and by extention is unable to consent to their own death.

it is not a defence that another person can consent to the srious harm for the purposes of obtaining sexual gratification - you cannae consent to GBH or murder through rough sex

Question 9

whats S2 SOA

Answer 9

Assault by penetration

• a person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (b) with part of his body or anything else and penetration is sexual
• B doesnt consent to the penetration and a DOES NOT reasonably believe that B consents
• so it can be commited by either sex
• as the victim does not need to know what they were penetrated with, it can be used for children, learning difficulties or people who were blindfolded

Question 10

S3 SOA

Answer 10

Sexual assault

• A person commits an offence if they intend to touch another person (B)
• The touching is sexual
• B doesnt consent to the touching and A doesnt reasonably believe that B consents

Question 11

S4 SOA

Answer 11

Causing to engage in sexual activity without consent

-It is an offence for A to inentionally cause another person B to engage in sexual activity and

B doesnt consent and A doesnt reasonbly belive that B consents

Question 12

S61 SOA

Answer 12

Adminitring substance with intent

• a person commits an offence if he intentionally administers a substance to or cause a substance to be taken by another person,
  knowing the person does not consent with the intention of studifying or overpowering that perosn, so as to enable any person to engage in sexual activity that involves a person

Question 13

name 4 sections of sexual offences

Answer 13

1- rape
2- assault by penetration
3- sexual assault by touching without consent
4 - causing another person to engage in sexual activity without consent

Question 14

what are the stages of rape trauma and how many

Answer 14

3 stages
1st - acute stage, diminished alterness, days or weeks after rape
2nd - adjustment stage - they seem normal but have a sense of helplessness
3rd stage - renormalizing stage - recognising impactm shame and guilt removed,

38% of victims stop speaking to a police officer after first contact

Question 15

whats a person cannot consent to the infliction of serious harm and by extention is unable to consent to their own death.

Answer 15

S71 domestic abuse act 2021