Sexual Offences Mindmap
- Created by: Dan Edwards
- Created on: 31-03-13 15:08
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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
- Actus Reus - Vaginal, anal or oral penetration by penis; of a male or female; without consent (irrelevant if V is under 13)
- 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
- Actus Reus - as for ****, but: not oral; may be by any body part or anything else; must be sexual
- 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
- Actus Reus - touching; touching is sexual; without consent
- 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
- D may be male or female and is aged at least 18 (s.9) or under 18 (s.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
- Conclusively presumed that...
- 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
- Conclusively presumed that...
- D intentionally deceived V as to the nature or purpose of the act
- D intentionally deceived V as to the nature or purpose of the act
- If Crown can prove that...
- 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
- 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 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 caused to fear the use of violence against another person
- V asleep or otherwise unconscious
- V unlawfully detained but D not
- 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
- V asleep or otherwise unconscious
- 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...
- D did the act
- If Crown can prove that..
- s.74 provides that V consents if...
- V agrees by choice
- V has the freedom and capacity to make the choice
- **** (Section 1 & Section 5)
- 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
- Sexual Offences Act 2003
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