Sexual Offences

  • Created by: jmuller99
  • Created on: 30-04-18 08:36
Which AoP contains all the info about Sexual Offences?
Sexual Offences Act 2003
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What is shown under s74?
A general definition of consent "for the purposes of this part, a person consents if he agrees by choice, and has freedom and capacity to make that choice"
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What happened in the case of Jheeta?
D sent messages to V purporting to be from police officers. Messages induced V into having sex.
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Was there consent under s74 in Jheeta? Why/why not?
CoA held that V had no free choice, or consent for the purposes of s74
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In which cases was there insufficient "freedom" to "choose" under s74?
McNally (gender); Assange (condom use); Re(F) (withdrawal before ***********)
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What happened in B [2006]?
D was HIV positive and knew he was. D did NOT inform the complainant of his HIV status.
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What did the CoA generally decide in regards to B [2006]?
An apparent consent to sexual intercourse by a complainant will not be vitiated due to a failure by the defendant to disclose (knowingly) his HIV status
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Did V have mental capacity in R v Cooper? Why/why not?
No - history of serious mental disorders, D gave her cocaine and then made her perform oral sex on him
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What was said in Bree [2017]?
Just because she was drunk, doesn't mean there was no consent
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What is the question of capacity to consent distinct from?
Whether inhibitions were impaired; whether there was a poor recollection of events; whether there was "irresponsible behaviour"
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What are the questions about when the sexual activity took place?
Was she capable of making up her mind? What was the state of her understanding? Did she have capacity to exercise judgement in the circumstances?
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What is outlined in s75?
Evidential presumptions about consent
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What is the presumption if s75 applies?
No consent
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What are the circumstances set out in s75(2)?
Violence (against V or another); V unlawfully detained; V asleep/unconscious; physical disability; involuntary intoxication
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What is shown under s76?
Conclusive presumptions about consent
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Can s76 be rebutted by D?
no
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What are the two circumstances under s76?
D intentionally deceived V as to the nature or purpose of the relevant act OR D intentionally induced V to consent to the relevant act by impersonating a person known to them
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What was decided about s76in Jheeta?
s76 is to be applied strictly/narrowly
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What must the deception go to?
The nature or purpose of the act itself (rather than peripheral matters)
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Did s76 apply to Jheeta?
No
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What happened in Linekar [1995]?
D promised o pay £25 for sex with V but had no intention of paying her.
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Did it amount to **** in Linekar? Why/why not?
No- deception did not relate to the nature of the act - knew she was consenting to sexual intercourse.
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In which cases does s76 NOT apply?
Mcnally; Assange; Re (F);Dica
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What happened in WIlliams [1923]? Was it ****?
Choir master. Yes it was ****, deceived her as to the nature of the act (that it was sexual)
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What happened in Devonald (Stephen)? Was it a sexual offence?
Ex-boyfriend and father. Yes - there was a deception as to the purpose of the act (to humiliate him)
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What happened in Tobassum [2000]? If prosecuted today, would s76 apply?
Examining of breasts, said it was for cancer checks but was own pleasure. s76 WOULD apply- nature and purpose of the act
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What happened in R v B [2013]?
Threatened V into sending ******* pictures over the internet. No deception as to the purpose of the act. Prosecution should have argued under s74 (general def of consent)
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What happened in Elbekkay? What did the court decide?
D had sex with V knowing she mistakenly thought he was her boyfriend. CoA held there had been fraud as to the identity of the person.
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What is a reasonable belief in consent? Where is this found?
Subsection (2) of 1,2,3,4 "whether a belief is reasonable is to be determined having regard to all circumstances, including any steps A has taken to ascertain whether B consents"
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Where is the meaning of 'sexual' found?
s78
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In which two circumstances would an act be deemed sexual?
Because of its nature sexual OR circumstances or prurpose of any person in relation to it
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Was the act of touching V's pockets in R v H unambiguously sexual under s78(a)?
No - s78(b) must be considered
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Could removing of shoes be sexual in George? How?
If the jury concluded removing shoes could or MAY be sexual, they would have to look at his PURPOSE and CIRCUMSTANCES to decide if it was in fact sexual
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Could D's act in Court be sexual? What was it?
May have been sexual - spanking of buttocks (buttocks fetish)
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Where is **** found?
s1
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What is the definition of ****?
A person commits an offence if: he intentionally penetrates the vagina, anus or mouth of another person with his penis; V does not consent to the penetration; and D does not reasonably believe V consent
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Can **** be committed without use of a penis?
No
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Can 'vagina' be extended to a surgically constructed one?
s76(3) - yes
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How is 'penetration' to be interpreted?
Broadly - need not be substantial or repetitive
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Which case shows the relationship between V and D is irrelevant?
R v R [1991]
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Is the orifice intended for penetration relevant?
No
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Which case shows that consent does not have to be reasonable (as long as it is honest)?
Morgan [1976]
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Where is assault by penetration found?
s2
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What is the definition of assault by penetration?
A person commits the offence of he intentionally penetrates the vagina or anus of another person with a part pf his body or something else; the penetration is sexual; v does not consent to the penetration; D does not reasonably believe that V consent
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In which case was there an obviously sexual act under s78(a)?
Hill - D forcefully inserted his fingers into his partner's vagina during a violent argument
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Where is sexual assault found?
s3
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What is the definition of Sexual Assault?
A person commits an offence if - he intentionally touches another person; the touching is sexual; v does not consent to the touching; D does not reasonably believe V consents
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Where is 'touching' defined?
s79(8) "touching (a) with any part of the body, (b) with anything else, (c) through anything else"
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In which case did touching clothes amount to touching V?
R v H
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Where can Causing a Person to Engage in Sexual Activity Without Consent be found?
s4
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What is the definition of Causing a Person to Engage in Sexual Activity Without Consent?
A person commits an offence is he intentionally causes another person to engage in an activity; the activity is sexual; V does not consent to engaging in the sexual activity; and D does not reasonably believe V consents
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What situations does this offence cover that the others don't?
Where D (a woman) causes V (a man) to penetrate her without consent; sexual activity with a 3rd party; and self-masturbation
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Other cards in this set

Card 2

Front

What is shown under s74?

Back

A general definition of consent "for the purposes of this part, a person consents if he agrees by choice, and has freedom and capacity to make that choice"

Card 3

Front

What happened in the case of Jheeta?

Back

Preview of the front of card 3

Card 4

Front

Was there consent under s74 in Jheeta? Why/why not?

Back

Preview of the front of card 4

Card 5

Front

In which cases was there insufficient "freedom" to "choose" under s74?

Back

Preview of the front of card 5
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