Case Studies: Sexual Offences 1

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  • Case Studies: Sexual Offences 1
    • Consent: Lack of capacity through intoxication
      • R v Bree (2007)
        • D. claimed she had consented- not said no, undressed herself, appeared willing, fully conscious
        • V was drunk and had vomited- this was he last memory. Next memory was of having sex with D
        • Depends on state of mind of individuals in that specific situation
      • R v Wright
        • V was "passive and as good as unconscious"
        • Victim lacked freedom and capacity to consent as a result of voluntary intoxication
    • Consent: Fraud as to nature/ purpose of act
      • Tabassum (2000)
        • Man with no med qualification examined 3 women's breasts under pretense that he was conducting breast cancer study
        • Intentional deception as to purpose of act
        • Conclusive presumption no consent
      • R v Jheeta
        • Suicidal D convinces V to continue their sexual relationship by telling her this will prevent his suicide and save her criminal prosectution
        • Intentional deception as to the reasons for sexual acts BUT no deception to purpose of acts
    • "Sexual"?
      • George (1956)
        • Removing shoes is not unambiguously sexual so would not come within s.78 (a)
        • D removed shoes from women's feet because he found it sexually gratifying
        • If jury concluded it could or may be sexual, they would have to look into purpose and circumstance to decide whether it was in fact sexual
        • Jury acquitted D- his sexual motives were not enough to make his actions indecent
      • R v H (2005)
        • CA confirmed 'touching' is not just when an accused touches the actual body of a person, but also when the clothes a person is wearing are touched without consent
        • D seized hold of the fabric of the back pocket of V's trousers, but she succeeded in breaking away
      • Kaitamaki (1985)
        • D charged with ****
        • Claimed that when he penetrated the women he thought she was consenting. When he realised she objected he did not withdraw
        • Held: **** is a continuing act, therefore consent may be withdrawn at any point until completion
    • Consent:
      • R v Malone (1998)
        • Maintained that she had not consented to intercourse with appellant but that on account of of her condition she was unable to resist
        • Held: not necessary, in order for an accused who had not used force, threat or deceit to be found guilty of ****, that there should be evidence that the complainant had demonstrated lack of consent or communicated it to the accused
        • Complainant was 16 year old girl. Alleged offence occurred when she was very drunk
        • Issue at the trial was whether intercourse had taken place at all; whether, if it had, the prosecution had proved it that the appellant had known that the complainant did not consent or had been reckless as to whether she consented or not
      • Consent v. Submission
        • R v Olugboja (1981)
          • She was crying and complied with fear. Appellant proceeded to have sexual intercourse. J did not resist, struggle or scream. Appellant was convicted of **** and appealed
          • Then picked up K and took both to his home where appellant was. Lawal took K upstairs and ****d her. Appellant turned off lights and told J to remove her trousers
          • 2 girls J(16) and K(17) offered lift home from disco by Mr Lawal. They accepted, however he drove them to his home in the opposite direction. Girls refused to go in and started walking away. He followed them in car, picked up J, drove off and ****d her
          • Held: Appeal dismissed, conviction upheld- every consent involved submission but not every submission involves consent

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