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lecture notes on sex offences
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Criminal Law – Sex OffencesIntroduction
• Are sexual offences special?
• Why distinguish them from other non-fatal offences against the person?
• What wrongs do they target?
Sexual Offences Act 2003
• Non-consensual sex
• Child sex offences
• Offences against persons with a mental disorder
• Prostitution
• Other offences
Non-consensual offences
• S1: rape
• S2: assault by penetration
• S3: sexual assault
• S4: causing sexual activity without consent
The non-consensual offences
Sexual Offences Act 2003 ss1-4
• D intentionally does the specified activity
• The activity is sexual
• V does not consent to the activity
• D does not reasonably believe that V consents to the activity
, Rape: SOA 2003 S1
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another
person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the
circumstances, including any steps A has taken to ascertain whether B
consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on
indictment, to imprisonment for life.
Actus reus of rape
• D penetrates the vagina, anus or mouth of V.
• V does not consent to the penetration.
Evolution of the AR of rape
• Sexual Offences Act 1956, s1(1):
‘It is a felony for a man to rape a woman’.
• R v R [1992] 1 AC 599:
Includes marital rape.
• SOA 1956, s1 as amended by Criminal Justice and Public Order Act
1994, s142:
D is a man, V is a man or woman;
Relevant activity = ‘sexual intercourse… (whether vaginal or anal)’.
• Sexual Offences Act 2003, s1(1)(a):
D is a person with a penis.
Relevant activity = penetration of V’s vagina, anus, or mouth by D’s
penis.
Mens rea of rape
- Intention
- D lacks a reasonable belief in consent
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