Sexual Offences 2

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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
    • 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

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