Sexual Offences Act 2006 Flashcards
Rape - S1(1)
Intentionally penetrate
Vagina anus or mouth of another person
With his penis
No consent
Offender does not reasonably believe that they consent
(Female cannot commit rape but they can aid - secondary offender S.4 SOA06)
Assault by penetration S2(1)
Similar to rape but:
Can only be done by penetrating the vagina or anus
Could also include finger tongue or object
Has to be of sexual nature
Females can commit this offence
Sexual assault S3(1)
Intentionally touches another person
Touching is sexual
No consent
Offender does not reasonably believe consent
Exposure S66(1)
Intentionally exposes their genitals
AND
intends someone else to see them
Cause alarm or distress
S1(1) Rape punishment
LIFE
S2(1) Assault by penetration punishment
LIFE
S3(1) Sexual assault punishment
10 years
S66(1) Exposure punishment
2 years
Voyeurism S67
obtaining sexual gratification through
(1) A) someone else doing a private act B) not consensual
(2) A) operates equipment for someone else to observe B) not consensual
(3) A) recording the private act B) intention of a third party viewing C) no consent
(4) A) installs equipment B) constructs adapts a structure
S67 Voyeurism punishment
2 years
Consent S74
Agrees by choice
AND
has freedom and capacity to make that choice
Section 75 - evidential presumption
Violence - freedom
Fear of violence + to another
Detained (unlawfully)
Unconsciousness - capacity
Physical disability
Drugged/spiked - capacity
S76 conclusive presumptions
Deceive reference of nature of the act
Impersonate a person to induce the act
S79 general interpretations
Tip counts
Touching - through anything, with anything , any part of the body (sexual)
S33(1) criminal justice and courts act 2015
Disclose/ threaten
private
Sexual
Photos or Film
A) without consent and
B) intention of causing distress
