Summary
Sexual offences notes summary
- Course
- Institution
Sexual offences notes summary
[Show more]
Seller
Followlucielaclie
Content preview
SEXUAL OFFENCESPart 1
1) Basis for criminalisation of sex offences
Rape is ‘one of the most serious and abhorrent crimes a person can commit’ (Home Office 2002)
Harm:
Physical Emotional/psychological
Vaginal/anal tearing Depression
Bruising PTSD/trauma
STI Vulnerability
Unwanted pregnancy Fear/anger
Other injuries Self-blame/guilt/shame
Man has sex with unconscious victim who suffers no physical or emotional harm. He uses a
condom and lubrication. No one ever finds out about it, including the victim.
(Gardner and Shute 2000)
Is this rape?
⇨ People have the right to decide with whom they have sexual relations (Munro 2014)
⇨ ‘violated’
2) Prevalence of sexual offending
Stranger vs acquaintance race:
▪ Stranger rape: stranger, dark alley, violence, resistance from V
▪ Acquaintance rape: someone known to the V
▪ 90% of victims of the most serious sexual offences in year 2012-13 knew their perpetrator
(MOJ 2013)
SOA 2003:
▪ Contains over 50 offences
▪ We will focus on three:
– Rape (s.1)
– Assault by penetration (s.2)
– Sexual assault (s.3)
a) Rape, SOA s1
AR =
1. Penile penetration of vagina, anus, or mouth -> only by man
2. V does not consent
, MR=
1. Intention to penetrate (vagina, anus, mouth) -> recklessness not enough
2. No reasonable belief in V’s consent
b) Assault by penetration, SOA s2
AR=
1. Penetration of the vagina or anus of another person (V) with a part of their body or anything
else
2. The penetration is sexual
3. V does not consent to the penetration
MR=
1. Intentional penetration
2. D does not reasonably believe that V consents
c) Sexual assault, SOA s3
AR=
1. Touching of another person (V)
2. The touching is sexual
3. V does not consent to the touching
MR=
1. The touching is intentional
2. D does not reasonably believe that V consents
Meaning of ‘sexual’ (s78):
- D’s conduct is sexual by its nature
Hill – D forcefully inserted his fingers into his partner’s vagina during a violent argument.
CA described as violent rather than sexual, but the nature of the assault makes it sexual regardless
- D’s conduct may be sexual + it’s made sexual by circs or D’s purpose
Practitioner conducting examinations requiring penetration/touching – what’s their purpose?
What if D removes a person’s shoe for sexual gratification because he has a foot fetish
3) Consent
AR = did the complainant consent?
MR = did D lack a reasonable belief in consent?
Consent as defence strategy = It is not a Defence, it is a defence strategy – if consent (or reasonable
belief in consent) was present, then the elements of the offence (AR and MR) have not been
committed
Objective MR = no reasonable belief in consent (entirely different from MR of other crimes)
o s74 SOA -> A person consents if they agree by choice, and have the freedom and capacity to
make that choice
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lucielaclie. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.02. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now