SOA 2003
- Created by: Matildawhitehead
- Created on: 11-01-19 12:32
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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.
- Penetration (S79(2)) - Continuing act from entry to withdrawal.
- "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."
- 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
- R v McNally - There were lots of occasions of oral penetration and occasions of digital penetrations
- 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.
- "With part of the body or anything else"
- "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."
- 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"
- Touching with any part of the body, with anything else, through anything (E.g. Clothes)
- 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.
- "Touching" (S79(8))
- "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."
- 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.
- "Sexual Activity"
- "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."
- 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.
- "Substance"
- "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.
- **** (S1)
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