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Sexual Offences

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Lecture notes with summaries of relevant case laws

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  • October 14, 2020
  • 12
  • 2017/2018
  • Class notes
  • Unknown
  • All classes
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SEXUAL OFFENCES
W11-W13

Nature of Sexual Offences
 Potent, vague
 Most potent punishment that we deal with
 No registration for thief after imprisonment; but sexual offender will be registered
even after leaving prison  ‘irredeemable’, ‘psychological damaging to victims’irredeemable’, ‘irredeemable’, ‘psychological damaging to victims’psychological damaging to victims’
 Nicholas Hoggard: under-punished hence justice not done; police failed to reveal
evidence and allow exonerate defendant from the offence

Statutory Law:
Sexual Offences Act 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 consent.

 reasonable belief

[1] RAPE

Who can commit rape?
• Requirement of a penis
 Post-operative trans man can commit rape - a ‘irredeemable’, ‘psychological damaging to victims’surgically constructed’ body part
counts equally for this purpose. (s. 79(3) SOA 2003).
• Husband can rape his wife: R v R [1991] 4 All ER 481; [1992] 1 A.C. 599
o Used to be thought that by marriage, women had given their husbands the
irrevocable consent to sexual intercourse whether consent is given or not.
o Before R v R, there were already other ways that husband were charged but
this case confirmed the court’s view.

Who can be a victim of rape?
 Victim is sex/gender neutral


ACTUS REUS:
 Penetration of the vagina, anus or mouth of another person (B) with his penis
 B does not consent to the penetration

Kaitamaki v R [1985] AC 147 (PC)
The defendant was charged with rape. His defence was that when he penetrated

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