Sexual Offences 3

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  • Sexual Offences 3- Consent
    • Evidential Presumptions
      • s. 75 Sexual Offences Act 2003
      • 1. If in proceedings for an offence to which this section applies it is proved:
        • That any of the circumstances specified in 2 existed,
        • That  D did the relevant act
        • That D knew that those circumstances existed
      • 2. The circumstances are that:
        • c. The complainant was, and D was not, unlawfully detained at the time of the act
        • b. Any person was, at the time of the act or immediately before, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person
        • d. The complainant was asleep or otherwise unconscious at the time of the act
        • a. Any person was, at the time of the act or immediately before, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him
        • e. Because of the complainant's physical disability, they would not have been able to communicate consent to the D at the time of the act
        • f. Any person had administered to or caused to be taken by the complainant, without their consent, a substance which was capable of causing or enabling them to be stupefied or overpowered at the time of the relevant act
    • Consent:
      • Responsibility of prosecution to prove V did not consent
        • Mens rea only becomes relevant if prosecution proves beyond all reasonable doubt that V did not consent
      • Not necessary to prove dissent, it is sufficient to prove lack of consent
        • Therefore if V is asleep, unconscious or otherwise incapable of consent, it will be ****

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