SOA 2003
- Created by: jesskeayy
- Created on: 03-05-19 16:07
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- **** SOA 2003
- S.1
- (1) A person (A) commits and offence if- (a) he intentionally penetrates vagina, mouth or anus of another (B) with his penis, (b) B doesn't consent to penetration, and (c) A doesn't reasonably believe consents
- Ismail (2005) penetration by mouth
- Belief must be reasonable
- Women cannot commit offence but can be an accomplice
- MR: intent to penetrate AR: D doesn't reasonably believe V consents
- Invites jury to consider whether reasonable person would be consenting
- If they were in D's shoes, would they have believed V to be consenting?
- S.79
- S.79(3) trans people- includes reconstructive surgery
- S.79(2) continuing act from entry to withdrawal
- Kaitamaki [1985]
- S.79(9) degree of penetration
- S.79(8) defines touching (a) with any part of the body (b) with anything else (c) through anything.
- Consent
- S.74
- A person consents if he agrees by choice, and has freedom and capacity to make the choice
- Jheeta [2007]
- Bree [2007]
- A person consents if he agrees by choice, and has freedom and capacity to make the choice
- Agreeing by choice requires awareness
- Mistake/ deception
- Jheeta [2007]
- Freedom to make choice- violence or threat of
- Mistake/ deception
- S.74
- Capacity
- Vitiated if V lacks capacity- drugged, heavily intoxicated, mentally impaired or unconscious
- No statutory test for capacity
- Requires C to have sufficient knowledge/ awareness of the act
- Shchu (2011) intoxication and consent
- S.1
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