Rape

Question 1

Why should the courts be careful in who they convict for rape?

Answer 1

• Fair labelling
• Opprobrium (public disgrace/ shameful conduct)
• Sentencing

Question 2

What did the British crime survey (BCS) find?

Answer 2

• 1/20 women raped since the age of 16
• Showed relationships between v and rapist were not as expected
• Most rapists were current partners 45% as oppose to strangers 8%

Question 3

What issues did the BCS unveil?

Answer 3

-Ordinary people sit on jury’s and the view of the ordinary person is that rape is committed by strangers which could effect who they hold liable for rape.

Question 4

Where can the law on rape be found in general?

Answer 4

• Sexual offences act 2003

Question 5

The section which the definition can be found?

Answer 5

• Section 1
• Intentionally penetrates vagina, anus or mouth with penis
• V does not consent to the penetration and he does not have reasonable belief that they consented

Question 6

How can a women be convicted of rape?

Answer 6

• Under Section 8 of the Accessories and Abettors Act 1861.
• Rape as an accessory
• If a women assists a man to commit rape

Question 7

Where can the MR of rape be found and what is it?

Answer 7

• Section 4
• Intentionally causing another person to engage in sexual activity without consent and lacks reasonable belief in consent

Question 8

to what extent does the prosecution have to prove that v did not consent?

Answer 8

• Beyond all reasonable doubt

Question 9

Olugboja 1981

Answer 9

• Two girls offered a lift home from a disco.
• Both got raped
• One did not struggle but was crying and D claimed she therefore consented
• Jury were told to approach consent in a common sense way

Question 10

What was the COA judgement on consent in Olugboja?

Answer 10

• ’ Consent or the absence of it is to be given its ordinary meaning and if the jury need help they should be told there is a difference between consent and submission’

Question 11

Who is the leading authority on all things rape and sexual offences?
What did she say about Olugboja?

Answer 11

• Jennifer Temkin
• She criticised Olugboja as it is a step backwards leading to uncertainty in the law. She said there was no way for a D to know before a trial whether consent was actually present
• Contradicts maximum certainty principle

Question 12

Why has there been an increase in reports or rape but the conviction rate is very low?

Answer 12

• People could be more confident to report it as gov have provided better processes for rape complainants
• Police/judges/jury may have become more sceptical due to false accusations

Question 13

When and what improvements have been made by the gov?

Answer 13

• 1999
• introduced special measures
• Screens to shield
• Not have to go into court (CCTV links)
• Gallery cleared
• removal of gowns and wigs for young people
• recorded examinations

Question 14

What is the definition of consent and where can it be found?

Answer 14

• Section 74 Sexual Offences act 2003

- ‘ A person consents if he agrees by choice and has the freedom and capacity to make that choice’

Question 15

What did the Amnesty international survey show and when was it done?

Answer 15

• Done in 2005
• Asked questions as to whether someone was responsible for being raped in numerous situations
• Behaving flirtatiously 28% said partially responsible
• These were real views of people that sit on the jury which was quite worrying

Question 16

What warning can judges give to the jury’s regarding rape?

Answer 16

• ‘Put aside all unwarranted assumptions they have already on rape and consent and approach each case dispassionately’

Question 17

What is rebuttable presumption?

Answer 17

• Where C was presumed to not be consenting so D has to prove that they were as oppose to them proving they weren’t consenting.
• Sleeping or unconscious for example
• Spiked drinks

Question 18

Julian Assange

Answer 18

• Slept with a two women without a condom when they only agreed because of the condom use.
• Amounted to rape

Question 19

R v Elbekkay 1995

Answer 19

• Where C was deceived from the nature where D induces C to consent by impersonating a person known personally to C

Question 20

R v Flattery 1877

Answer 20

• Market stall holder giving medical advice
• Advised 19 year old that fits were due to virginity and he would take hers to cure her
• Claimed she consented but was convicted

Question 21

R v Williams 1923

Answer 21

• Choir master told 16 year old she would improve range if he had sex with her
• Fraud and deception so convicted of rape

Question 22

R v Linekar 1995

Answer 22

• Prostitute agreed to have sex with him but he left without paying
• He was originally convicted by the jury but appealed and was quashed
• The women still new the nature of the act and so she consented
• Now a days jury would have been directed to Section 74

Question 23

R v Bree 2007

Answer 23

• D raped 19 year old after heavy drinking and he said he reasonably believed she was
• She had been drinking heavily and it was questioned as to whether she had the capacity to consent
• TJ had not mentioned relevance of capacity enough to jury and so conviction quashed
• It was decided that just because someone is drunk it doesn’t mean they have lost capacity it depends on how drunk
• Capacity is fact specific

Question 24

DPP v Morgan 1975

Answer 24

• Invited friends to have sex with wife and told them she may resit but that’s what she likes
• They raped her but honestly believed she was consenting
• HOL decided on a subjective view and quashed conviction
• After this case it was changed to an objective test of the reasonable person.