Lecture notes
Sexual Offences
Lecture notes with summaries of relevant case laws
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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
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