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]
      • Agreeing by choice requires awareness
        • Mistake/ deception
          • Jheeta [2007]
        • Freedom to make choice- violence or threat of
    • 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

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