SOA 2003

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  • SOA 2003
    • **** (S1)
      • "A person (A) commits an offence if he intentionally penetrates the vagina, mouth or anus of another person (B). B does not consent to the penetration and A does not reasonably believe that B consents."
        • Penetration (S79(2)) - Continuing act from entry to withdrawal.
          • R v Park (2008) - any degree of penetration is sufficient".
          • Penile penetrations essential in ****.
        • A.R - Penetration of vagina, anus or mouth of another person with penis and lack of consent.
        • M.R - Intent to penetrate vagina, mouth or anus of another person with penis and lack of reasonable belief in consent
        • Consent (S74) - A person consents if he agrees by choice and has the freedom and capacity to make that choice.
          • R v Fotheringham  1988 - Self - induced intoxication is no defence in failure to recognise lack of consent.
    • Assault by Penetration (S2)
      • "A person (A) commits an offence if he  intentionally penetrates the vagina, anus or mouth of another person (B)  with part of his body or anything else, penetration is sexual, B does not consent and A does not reasonably believe that B consents."
        • "With part of the body or anything else"
          • R v McNally - There were lots of occasions of oral penetration and occasions of digital penetrations
            • Fingers/ Tongue
        • A.R - Penetration of the vagina or anus of another person  with part of the body or anything else, penetration must be sexual, person does not consent.
        • M.R - Intent to penetrate the vagina or anus with body or anything else and lack of reasonable belief in consent.
        • "Sexual" (S78)
          • Penetration or touching is sexual if a reasonable person considers: it is because of it's nature sexual and because of it's circumstances or the purpose of any person in relation to it.
    • Sexual Assault (S3)
      • "A person commits an offence if he intentionally touches another person (B), if the touching is sexual, B does not consent and A does not reasonably believe that B consents."
        • "Touching" (S79(8))
          • Touching with any part of the body, with anything else, through anything (E.g. Clothes)
            • R v Elvidge 2005 - A touched B through her clothes
          • Sexual Touchings
            • Nature - R v Heard 2007 undid trousers and rubbed penis down thigh of an officer
            • Circumstance/ Purpose - R v W - A kissed B on the face whilst "she protested"
        • A.R -Touching of another person, touching is sexual and person does not consent.
        • M.R - Intent to touch another person sexually and lack of reasonable belief in consent.
    • Causing a person to engage in sexual activity (S4)
      • "A person commits an offence if he intentionally causes another person (B) to engage in an activity, the activity is sexual, B does not consent and A does not reasonably believe that B consents."
        • "Sexual Activity"
          • R v Devonald 2008 - A encouraged B to ********** in front of webcam.
        • A.R. - Causing another person to engage in sexual activity, lack of consent.
        • M.R. - Intent to cause another person to engage in sexual activity and lack of reasonable belief in consent.
    • Administering a substance with intent (S61(1))
      • "A person commits an offence if he intentionally administers a substance or causes a substance to be taken by another person (B) knowing that B does not consent and with the intention of over powering or stupefying B so as to enable any person to engage in sexual activity that involves B.
        • "Substance"
          • R v Coomber 2005 - Sleeping Pills
        • A.R - Administering substance or causing person to take substance, B not consenting.
        • M.R - Intent to administer or cause person to take substance, intention to overpower or stupefy so B can engage in sexual activity, lack of reasonable belief in consent.

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