Lecture notes
criminal law notes
criminal law rape notes
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
Follow
Content preview
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.
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 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 nafisahmahmood. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
66579 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now