Summary
Summary Distinction Grade Exam Flowchart Sexual Offences Act
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A summary exam flowchart setting out step by step how to answer scenario questions to a distinction level. Cases included and explained.
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By: eahwhittaker • 3 year ago
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Sexual OffencesFor
un
Sexual Offences Act D
2003 con
s5 rape against a s6 assault by
Assault by
Rape s1 child under 13 SOA penetration of a child Se
Penetration, s2
2003 under 13 SOA 2003
AR:
AR: AR: - penetration of vagina or anus
- penetration of vagina, - touchin
- penetration of vagina, anus or mouth - with a part of D's body or anything else
anus or mouth includes
- any degree of penetration will (can include penis but would then likely
- by a penis touching
do be charged as rape) AR: body/ thr
- by a penis - the penetration is sexual - penetration of vagina - touchin
- without consent to penetration Meaning of sexual, s78 or anus clothing
- submission is not consent, R v - if a reasonable person would - with part of D's body under s3
Kirk consider the act: or anything else - the touc
clearly sexual because of its - penetration is sexual - V does
Penetration is a continuing act and any nature; or touching
withdrawal of consent during penetration may be sexual depending on
will be sufficient AR, s79(2) circumstances and/or purpose of
D's actions
- V does not consent
MR: MR:
D must intentionally
MR: MR:
D must intentionally penetrate V
D must intentionally D must intentionally - intenti
penetrate V D must lack reasonable belief
penetrate V penetrate - D doe
D must lack reasonable that V consents to
penetration believe
belief that V consents
(even if belief genuine
was it reasonable?)
Basic intent crime so intoxication
is no defence, Heard
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