Sexual Offences 2
- Created by: Alex.Byrne
- Created on: 25-05-18 14:39
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- Sexual Offences 2- Consent
- Definition
- Lack of consent demonstrated by:
- Evidence that by reason of drink, drugs, sleep, age or mental disability where the complainant was unaware of what was occurring and/ or incapable of giving valid consent
- Complainant's assertion of force or threats
- Evidence that the complainant was deceived as to the identity of the person with whom (s)he has intercourse
- Lack of consent demonstrated by:
- Not Effective When?
- The law does not allow a person's consent to sexual activity to have effect in the following situations:
- Where the person giving consent was under the relevant age of consent
- Where the person giving consent did not understand what was happening and so could not give informed consent
- e.g. Child or someone suffering form a severe mental health disability
- Conclusive Presumptions
- s.67 Sexual Offences Act 2003
- 1. If in proceedings for an offence to which this section applies it is proved that D did the relevant act and that any of the circumstances in 2 existed, it is to be conclusively presumed:
- That D did not not believe that the complainant consented to the relevant act
- That the complainant did not consent to the relevant act
- 2. The circumstances are that:
- a. D intentionally deceived the complainant as to the nature or purpose of the relevant act
- b. D intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant
- Fraud
- Intentional deception as to the purpose of the act
- Conclusive presumption no consent
- Definition
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