FE1 CRIMINAL Law : SEXUAL OFFENCES
- Created by: Ruandignam
- Created on: 26-08-17 13:33
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- CRIMINAL: SEXUAL OFFENCES
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- - Sec 2(1) of Criminal Law (****) Act 1981 – A male commits **** if: 1. Sexual intercourse with a female person who doesn’t consent at the time of intercourse 2. At that time, he know there is no consent or is reckless as to that fact - Actus Reus – non-consensual sexual intercourse with a female person - Sexual intercourse is NOT penetration by an object or oral/anal sex (see Sec 4 ****) - Mens Rea – Knowledge that she isn’t consent or recklessness as to that fact – aware of the risk - Sec 2(2) – If he honestly believed there was consent then the mens rea isn’t present - DPP v Morgan (1976) - Three men invited by a husband to have ***** sex with his wife –said she would struggle - HofL – no mens rea for **** as it was a honest belief – even if unreasonably held
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UNDER SECTION 4
- - Sec 4 of Criminal Law (****) (Amendment) Act 1990 - Sexual assault that involves either 1. The penetration of the anus or mouth by the penis 2. The penetration of the vagina by any object held or manipulated by another person - Doesn’t include digital penetration of the vagina/anus or the penetration of the anus by an object
- Sexual Assault
- SEXUAL ASSAULT - Sec 2(1) of Criminal Law (****) (Amendment) Act 1990 - Gender neutral offence – a men or a woman can perpetrate it - Have to prove an assault – like the other types, doesn’t necessarily have to be touching - To prove it was sexual in nature then must be accompanied with an element of indecency
- AGGRAVATED
SEXUAL ASSAULT
- - Sec 3(1) of Criminal Law (****) (Amendment) Act 1990 - Sexual assault that either 1. Involves the use or threat of serious violence 2. Is such as to cause injury, humiliation or degradation of a grave nature to the person
- CONSENT
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DPP v C (2001)
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- CONSENT - DPP v C (2001) - Consent is a voluntary agreement or acquiescence to sexual intercourse by a person of the age of consent with the requisite mental capacity - Knowledge or understanding of facts material to the act being consented to is necessary for consent - Sec 9 of Criminal Law (****) (Amendment) Act 1990 – just because no resistance doesn’t mean that there is consent - Consent isn’t valid if obtained by fraud as to the nature of the sexual act - R v Williams (1923) - Led her to believe that sex was an operation that would help her sing better - Fraud as to identity also vitiates consent - DPP v C (2001) - Pretended to be her boyfriend – no consent
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