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Lecture notes

Non-Fatal Sexual Offences

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These are my lecture notes on non-fatal sexual offences upon a person. Case law is used to make critical points on the law in these areas.

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  • June 29, 2016
  • 26
  • 2015/2016
  • Lecture notes
  • Unknown
  • All classes

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By: cj101 • 7 year ago

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CRIMINAL LAW

NON FATAL OFFENCES AGAINST THE PERSON




What we will be considering in the following lectures are crimes against people which cause
harm (non-sexual) but do not result in death. The offences cover a broad spectrum of
wrongdoing from the merest touching of another to attempted murder. There are a number
of offences that could be considered under the heading Non-Fatal but we will only be
considering the following:


1. Assault
2. Battery
3. Assault Occasioning Actual Bodily Harm
4. Malicious Wounding or Infliction of GBH
5. Wounding /Causing GBH with intent


BASIC READING:
Herring, Chapter 6 and another textbook on non-fatal non-sexual offences

FURTHER READING:
J. Gardner, ‘Rationality and the Rule of Law in Offences Against the Person’ (1994) 53 Cambridge Law
Journal 502
E. Genders, ‘Reform of the Offences Against the Person Act: Lessons from the Law in Action’ [1999] Criminal
Law Review 689
M. Hirst, ‘Assault, Battery and Indirect Violence’ [1999] Criminal Law Review 557
J. Horder, ‘Rethinking Non-fatal Offences Against the Person’ (1994) 14 OJLS 335


Key to the law is the right to bodily integrity: a person should not be touched against his or
her wishes. This right is protected under the common law + Article 8 of the ECHR.
1. In Thomas (1985) 81 Cr App R 331 (CA) it was held the unwanted touching of the
bottom of a girl’s skirt amounted to a battery. The rubbing of someone’s clothing
might appear to some to be too trivial a harm to justify the intervention of the
criminal law, but reveals the weight attached to the right not to be touched without
one’s consent.
2. Decision of C.O.A. in St George’s Healthcare NHA Trust v S [1998] 3 All ER 673, reveals
the right to bodily integrity is protected, even if there may be a good reason to
infringe upon it. Woman in late stages of labour was advised that she should have a C-
section without it her and her babies life was at risk. She refused, wanting natural
delivery. Hospital authorities obtained a court order permitting them to do so carried
out the operation against her will. CO.A. held the order should not have been
granted. The woman’s right to bodily integrity was held to be previously guarded by
the law.


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