Sexual Offences Mindmap

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  • Sexual Offences
    • Sexual Offences Act 2003
      • **** (Section 1 & Section 5)
        • Actus Reus - Vaginal, anal or oral penetration by penis; of a male or female; without consent (irrelevant if V is under 13)
          • D must be male
        • Mens Rea - Intention to pentrate; no reasonable belief in consent (irrelevant if V is under 13)
          • D must be male
      • Assault by Penetration (Section 2 & Section 6)
        • Actus Reus - as for ****, but: not oral; may be by any body part or anything else; must be sexual
          • D may be male or female
        • Mens Rea -  See ****
          • D may be male or female
      • Sexual Assault (Section 3 and Section 7)
        • Actus Reus - touching; touching is sexual; without consent
          • D may be male or female
        • Mens Rea - Intention to touch; no reasonable belief in consent
          • D may be male or female
      • Sexual Activity With a Child (Section 9 and Section 13)
        • Actus Reus - as for s3, but: V is under 16 or V is under 13
        • Mens Rea - Intention to touch; no reasonable belief that V is 16 or over (where V is at least 13 but not yet 16)
          • D may be male or female and is aged at least 18 (s.9) or under 18 (s.13)
            • Actus Reus - as for s3, but: V is under 16 or V is under 13
      • s.76 - Consent and irrebuttable presumptions
        • If Crown can prove that...
          • D intentionally deceived V as to the nature or purpose of the act
            • Conclusively presumed that...
              • V did not consent
              • D had no reasonable belief in V's consent
          • D intentionally induced V to consent to the act by impersonating a person known personally to V
            • D intentionally deceived V as to the nature or purpose of the act
              • Conclusively presumed that...
                • V did not consent
                • D had no reasonable belief in V's consent
      • s.75 Consent and rebuttable presumptions
        • If Crown can prove that..
          • D did the act
            • Then if D does not introduce credible evidence to raise doubts about the issue(s), it will be taken that...
              • Knew of the existence of any circumstance stated...
              • V did not consent
              • D had no reasonable belief in V's consent
                • V did not consent
              • V subjected to violence or threat of violence from another person
                • D had no reasonable belief in V's consent
                • V caused to fear the use of violence against another person
                  • V subjected to violence or threat of violence from another person
                  • V unlawfully detained but D not
                    • V caused to fear the use of violence against another person
                    • V asleep or otherwise unconscious
                      • V unlawfully detained but D not
                      • V stupefied or able to be overpowered by drug etc...adminstered to V or caused to be taken by V
                        • V asleep or otherwise unconscious
                    • Knew of the existence of any circumstance stated...
                • s.74 provides that V consents if...
                  • V agrees by choice
                  • V has the freedom and capacity to make the choice
              • The meaning of 'sexual' in relation to penetration, touching etc...can be in either of two ways
                • Is sexual by  it's very nature, regardless of D's aim or the circumstances
                • May be sexual and D's aim or the circumstances makes it so
                • Penetration - defined as a continuing act from entry to withdrawal
              • Reasonable - all the circumstances including any steps D has taken to ascertain whether V consents

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