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What is rape?Section 1 of the Sexual Offences Act 2003
(1) A person commits an offence of -
(a) he intentionally penetrates the vagina, anus or mouth of another person with his penis,
(b) B does not consent to the penetration
(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 take to ascertain whether B consents
(3) Section 75 and 76 apply to an offence under this section
(4) A person is guilty of an offence under this section is liable, on conviction on indictment, to
imprisonment for life
Actus reus of rape;
The actus reus of rape is defined by section1(1) as:
'penetration of the vagina, anus or mouth by the penis without the victim's consent..'
There are 3 elements of the actus reus;
- penetration
- of the vagina, anus or mouth
- an absence of consent
1) Penetration -
there must be a penetration which is defined as a continuing act from entry to withdrawal. the effect
of this is that if a man penetrates the complainant with his or her consent but the complainant then
changes their mind, the man must withdraw his penis immediately; otherwise from that point
onwards, he commits the actus reus of rape.
Cooper and Schaub 1994
Section 79 (9) defines vagina to include vulva thereby confirming the slightest degree of penetration
is sufficient.
2) Of the vagina, anus or mouth by the penis -
the penetration is of the vagina, anus or mouth by the penis - this is why only men can be a principal
offender of rape. The complainant can be male or female.
One of the very few offences only a male can commit
Post operative transexual can commit rape with a reconstructed penis. Penetration is a surgically
reconstructed Vagina also falls within the act.
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