Summary
Summary Sexual Offences Act 2003
- Module
- Year 1 Criminal Law
- Institution
- The University Of York (UOY)
Summary notes on the criminal law of the Sexual Offences Act 2003
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Sexual Offences Act 2003Section 1: Rape
1) A person (A) commits an offence if:
a) He intentionally penetrates the vagina, mouth or anus of another person (B) with his
penis,
b) B does not consent to the penetration,
c) A does not reasonably believe that B consented
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 consents.
Section 2: Assault by Penetration
A person (A) commits an offence if he intentionally penetrates the vagina, mouth or anus of
another person (B) with a part of his body or anything else, and:
a) the penetration is sexual,
b) B does not consent,
c) A does not reasonably believe that B consented
AR and MR:
AR of rape: He intentionally penetrates the vagina, mouth or anus of another person (B)
with his penis
MR of rape: B does not consent to the penetration, A does not reasonably believe that B
consented
AR of assault by penetration: he intentionally penetrates the vagina, mouth or anus of
another person (B) with a part of his body or anything else, the penetration is sexual
MR of assault by penetration: B does not consent, A does not reasonably believe that B
consented
Consent:
Section 76: Conclusive Presumptions (where it is presumed that there is no way B could
have consented)
1) A intentionally deceived B as to the nature and purpose of the relevant act
2) A intentionally induced B to consent to the relevant act by impersonating a person
known personally to B
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