Lecture notes
Sexual Offences
Lecture notes with summaries of relevant case laws
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
Follow
Content preview
SEXUAL OFFENCESW11-W13
Nature of Sexual Offences
Potent, vague
Most potent punishment that we deal with
No registration for thief after imprisonment; but sexual offender will be registered
even after leaving prison ‘irredeemable’, ‘psychological damaging to victims’irredeemable’, ‘irredeemable’, ‘psychological damaging to victims’psychological damaging to victims’
Nicholas Hoggard: under-punished hence justice not done; police failed to reveal
evidence and allow exonerate defendant from the offence
Statutory Law:
Sexual Offences Act 2003, s1:
(1) A person (A) commits an offence if-
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with
his penis;
(b) B does not consent to the penetration; and
(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 taken to ascertain whether B consent.
reasonable belief
[1] RAPE
Who can commit rape?
• Requirement of a penis
Post-operative trans man can commit rape - a ‘irredeemable’, ‘psychological damaging to victims’surgically constructed’ body part
counts equally for this purpose. (s. 79(3) SOA 2003).
• Husband can rape his wife: R v R [1991] 4 All ER 481; [1992] 1 A.C. 599
o Used to be thought that by marriage, women had given their husbands the
irrevocable consent to sexual intercourse whether consent is given or not.
o Before R v R, there were already other ways that husband were charged but
this case confirmed the court’s view.
Who can be a victim of rape?
Victim is sex/gender neutral
ACTUS REUS:
Penetration of the vagina, anus or mouth of another person (B) with his penis
B does not consent to the penetration
Kaitamaki v R [1985] AC 147 (PC)
The defendant was charged with rape. His defence was that when he penetrated
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 xiaotongloh. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 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