Sexual Offences Flashcards

1
Q

Can a sexual offence victim remain anonymous

A

Yes - The courts provided anonymity for most sexual offence (rape / Assault by pentration / Sexual assault by touching) for life.

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2
Q

Can a Rape be committed without a penis

A

no

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3
Q

What happens to the consent aspect of Rape when a child is under the age of 13

A

There is only a requirement to prove penetration.

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4
Q

If a person knowingly as HIV and convinces a person to have sex with them not disclosing the fact. Is this rape

A

No - It may be a section 20 if HIV is contracted. It alos may be a section 18 if there is an intent to give the other person HIV

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5
Q

If a person knowingly has HIV and convinces a person to have sex by reassuring them they do not have HIV. Is this rape

A

Yes

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6
Q

Who is entitled to annominity

A

Victims of most sexual offences

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7
Q

What are the nature of the anonymity restrictions

A

Restrictions are placed on revealing the victims identity when reporting cases and trials

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8
Q

What is the duration of the anonymity restrictions

A

They last the victims lifetime.

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9
Q

What are the three elements to consent

A

They agree by choice, they have the freedom to choose and they have made their decision on reasoned and informed information.

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10
Q

What are the six situations where evidential presumptions can be used.

A

The use of violence by any person IMMEDIATELY before

The use of violence by any person IMMEDIATELY before on any other person.

The complaintment was detained and the defendant was not

At the time of the act, the complainant was asleep or unconscious.

Due to physical disabilities, the complainant was not able to communicate consent.

The administration of drugs substance to have caused the victim to become stupified.

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11
Q

What are the two Conclusive presumptions

A

Intentially deceive (Doctor saying seaman is the perfect medicine)

Intentiaonlly impersonated somebody (twins)

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12
Q

What happens if the criteria are satisfied for a conclusive presumption

A

Then the defendant cannot argue against the presumption

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13
Q

What are the orifices for the offence of Rape

A

Vagina, Anus, Mouth - Penetrated with Penis only

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14
Q

What are the orifices for the offence of sexually assault by penetration

A

Vagina and Anus with any item - No mouth.

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15
Q

Is accidently penetrating a person an offence.

A

No - accidental penetration will not constitute the offence.

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16
Q

What is the key thing about the suspects age in child sexual offences act.

A

That the suspect is over the age of 18

17
Q

For a grooming offence how many communications or meetings are required

A

Just one.

18
Q

Does the one meeting or communication have to be sexual (grooming offence)

A

No

19
Q

Does the one meeting or communication have to take place in England and Wales (

A

No anywhere in the world.

20
Q

When is the grooming offence committed

A

After one or more commuincations - the person arranges to meet with the intent to commit an act.

21
Q

What is specific about the age in the offence of sex with a child family member

A

The victim must be under 18 - or under 13.

22
Q

If two 17 year olds were in a sexual relationship - they introduce thir parents who subsequntly get married so the two 17 year olds become step brother and sister. Do they commit and offence.

A

No the sexual relationship pre-date them becomein strp brother and sister.

23
Q

What is specific about the age for an offence of penentrative sex with an adult family member

A

The suspect is over 16 and the victim is over 18

24
Q

Who can serve a notice on a hotel if they reasonably believe it will be used in connection of child sexual exploitation

A

An inspector.