Sexual offences

s.1, s.2, s.3, s.4

  • Created by: jesskeayy
  • Created on: 03-05-19 14:44
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  • Sexual offences SOA(2003)
    • S.1
      • Intention to penetrate
        • MR: intent to penetrate
        • AR: D doesn't reasonably believe V consents
      • 1(a) a person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis
      • 1(c) A does not reasonably believe B consents
      • S.2: whether a belief is reasonable is to be determined having regard to all the circumstances, including steps A took to ascertain consent
    • S.2
      • Assault by penetration
      • S.2(1) person (A) commits an offence if (a) he intentionally penetrates the vagina or anus of another (B) with part of his body/ anything else
        • (b)penetration is sexual
          • (c) B does not consent to penetration, and
            • (d) A does not reasonable believe C consents
      • 2(2) whether the belief is reasonable is to be determined having little regard to all circumstances, icl. steps taken to ascertain consent
      • 2(3) s.75 and s.76 apply to an offence under this section
    • S.3
      • Sexual assault
      • S.3(1) a person commits an offence if- (a) he intentionally touches another person (B)
        • (b) touching is sexual
          • (c) B does not consent to the touching, and
            • (d) A does not reasonably believe B consents
      • S.3(2) whether a belief is reasonable is to be determined having regard to all the circumstances, incl. ascertaining of consent
      • S.3(3) S.75 and s.76 apply to an offence under this section
    • S.4
      • Causing sexual activity without consent
      • S.4(1) A person (A) commits an offence if- (a) he intentionally causes another person (B) to engage in an activity, (b) activity is sexual, (c) B doesn't consent to engaging

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