This set of notes covers the topic of sexual offences (as per the Sexual Offences Act 2003) in criminal law.
The document contains easy-to-follow tables that summarise the elements of relevant criminal offences (in the order that one would tackle them in problem questions), cases (with facts, i...
Rape 1. D penetrates the 1. intention s.1(1) SOA 2003:
vagina, anus or A person (A) commits an
mouth of V with his 2. lack of reasonable offence if—
PENIS belief as to consent a) he intentionally
penetrates the
2. lack of consent - s.1 (2) vagina, anus, or
- s. 76 — conclusive * all the circumstances + mouth of another
presumptions steps to ascertain consent person (B) with
his penis,
* s. 76(2)(a) — b) B does not consent
intentional deceit as to: to the penetration,
and
nature of the act
c) A does not
Assange reasonably believe
that B consents.
McNally
*Williams
purpose of the act
Jheeta
Bingham
Christopher Matt
*Tabassum
*Green
* s. 76(2)(b) —
intentional
impersonation of
someone personally
known to V;
Devonald
- s. 75 — evidential
presumptions;
ff
, O ence Actus reus: Mens rea: Charged under:
Rape - s. 74 — definition; 1. intention s.1(1) SOA 2003:
A person (A) commits an
choice 2. lack of reasonable offence if—
belief as to consent a) he intentionally
failure to resist penetrates the
- s.1 (2) vagina, anus, or
*Malone
* all the circumstances + mouth of another
MC v Bulgaria steps to ascertain consent person (B) with
his penis,
mind the gap b) B does not consent
to the penetration,
R v DPP and
c) A does not
Assange
reasonably believe
McNally that B consents.
RvB
freedom
Jheeta
Bingham
Olugboja
R (DPP) v Monica
Kirk
capacity
age
Lee Gary Brown
mental disorders
R v A (G)
transient factors, e.g.
intoxication
R v Bree
ff
, O ence Actus reus: Mens rea: Charged under:
Sexual Assault 1. D touches V 1. intention s.3(1) SOA:
A person (A) commits an
R v H — touching 2. lack of reasonable offence if—
someone through their belief as to consent (a) he intentionally
clothes suffices;
see above touches another
2. touching is sexual person (B),
(b) the touching is
s. 78 — ‘sexual’ sexual,
(c) B does not
* s.78(a) — nature consent to the
inherently sexual; touching, and
* s.78(b) — D’s purpose + (d) A does not
the surrounding reasonably
circumstances render it believe that B
sexual; consents.
3. lack of consent
see above
Causing someone to 1. D causes V to engage 1. intention s.4(1) SOA:
engage in sexual activity in an activity A person (A) commits an
without consent 2. lack of reasonable offence if—
causal link must be belief as to consent (a) he intentionally
established between D’s
conduct and V’s see above causes another person
participation in the (B) to engage in an
activity; activity,
(b) the activity is sexual,
D may do so by words (c) B does not consent to
alone + may be absent engaging in the
while the activity takes activity, and
place;
(d) A does not reasonably
2. the activity is sexual believe that B
consents.
see above
3. lack of consent
see above
ff
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