Lecture notes
Sexual Offences
- Module
- Criminal Law
- Institution
- Queens University Belfast (QUB)
These are my lecture notes on sexual offences. Case law is used to make critical points on the law in these areas.
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By: cj101 • 7 year ago
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Sexual OffencesBasic Reading
Herring, Chapter 7 (pp. 418-454, 463-503) and another textbook on sexual offences.
Bree [2007] EWCA Crim 256, [2008] QB 131, [2007] 2 All ER 676
Further reading
Philip Rumney and Rachel Anne Fenton, Intoxicated Consent in Rape: Bree and Juror Decision-Making, Modern Law
Review 71(2) (2008), 279-290.
Shlomit Wallerstein, ‘A drunken consent is still consent’—or Is It? A Critical Analysis of the Law on a Drunken Consent
to Sex Following Bree, The Journal of Criminal Law 73 (2009) 318–344.
Jesse Elvin, The Concept of Consent under the Sexual Offences Act 2003, The Journal of Criminal Law 72(6) (2008) 519-
536.
Setting The Boundaries: Reforming the law on sex offences, Home Office 2000, Vol. I, Chapter 2.
Reforming the Law on Sexual Offences in Northern Ireland, NI Human Rights Commission, (2006).
Are Sexual Offences Common? –
Recorded sexual offences NI 2014/January 2015: 2,535 (up 17.1% since 2013/2014)
Recorded rapes 674 (up 24.8%) 2014/2015.
Year on year increase in reporting since 1998.
Biggest victim age group: under 18 years (56%).
Estimated that this represents only 10-15% of actual rapes
Convictions: rape: 9.8% (-9.3% on previous year). 15.7% for all sexual offences.
BCS estimates that in their lifetime 23% of women and 3% of men will experience sexual
assault.
92% of rape complainants women, and 8% men.
45% alleged rapists a current partner; 16% acquaintance; 11% ex-partner; 11% date;
10% other intimate; 8% stranger.
Why Did the Law on Sexual Offences Change? –
Definition of consent (Art.3) and presumptions (Arts. 9&10)
Replacement of ‘sexual intercourse’ with penetration
Rape by ‘oral’ penetration
Indecent assault now sexual assault
New crime of assault by penetration (Art.6)
Gender neutral language – ‘A’ and ‘B’
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