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Sexual Offences Flashcards

1
Q

Andrew and Francis CRANE are twin brothers. Francis wins a £50 million lottery jackpot and a great deal of publicity surrounds the win with pictures and interviews of Francis widely circulated in the media. Several days after the lottery publicity, Andrew is drinking in a pub and begins a conversation with WARD. During the conversation WARD asks Andrew ‘Hey - are you that lottery winner I saw on the TV the other night?’ Andrew lies and says ‘Yes I am’. Andrew tells WARD he will give her £5K if she submits to oral sex with him and she agrees. They go to the rear of the pub where Andrew puts his penis into WARD’s mouth. Andrew tells WARD he will give her £10K if she allows him to digitally penetrate her anus - she agrees and Andrew puts his finger in her anus. Andrew has no intention of paying any money to WARD.

At what stage, if at all, does Andrew CRANE commit an offence of rape (contrary to s. 1 of the Sexual offences Act 2003)?

A

A. The offence is not committed in these circumstances

Rape is committed when a person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis and B does not consent to the penetration and A does not reasonably believe B consents.

Although the consent to the oral penetration (and anal) has been obtained by Andrew impersonating his lottery-winning brother and promising payment that will never be made, that does not invalidate WARD’s ‘true’ consent.
She consented to the activities knowing exactly what they were - she was going to be paid for them and there was no deception by Andrew about the nature and purpose of the acts (see s. 76 of the Sexual Offences Act 2003). Further, Andrew did not impersonate an individual personally known to the victim (answer B is incorrect).

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2
Q

Exposure is covered under _____

A

s66(1) Sexual Offences Act 2003

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3
Q

The offence of exposure is when someone exposes his/her ____ and ____ someone will ___ this and be caused ____ or ____. (s__)

A

The offence of exposure is when someone exposes his/her genitals and intends someone will see this and be caused alarm or distress. (s66(1) Sexual Offences Act 2003

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4
Q

Outraging public decency is _________

A

Common Law

Offence to commit an act of a lewd, obscene and disgusting nature and outrage public decency.

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5
Q

Examples of outraging public decency

A
  • not necessarily a sexual act
  • doesn’t need to be live
  • can be public display of an object
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6
Q

For s66(1), the public must have ____ to, or be able to ____ the relevant ___.

A

For s66(1), the public must have access to, or be able to see the relevant location.

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7
Q

Sexual ___ in a public ____ is an offence under s___. There is no need for _____, or for anyone to be _____ or ____.

A

Sexual activity in a public lavatory is an offence under s71 Sexual Offences Act 2003.
There is no need for witnesses, or for anyone to be outraged or distressed.

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8
Q

Voyeurism is ____

A

s67(1) SOA

Secret observation of someone undressing/using toilet/private sex, for sexual gratification.

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9
Q

A person commits voyeurism if for the purpose of obtaining ___ ___, they ___ another person doing a ___ act and they know the person doesn’t ____ to being observed for ____ _____. (s___)

A

A person commits voyeurism if for the purpose of obtaining sexual gratification, they observe another person doing a private act and they know the person doesn’t consent to being observed for sexual gratification. (s67)

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10
Q

Where could a s67 offence occur?

A

Voyeurism

In a place where one would reasonably expect privacy.

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11
Q

What are the options of conditions for voyeurism?

A
  • genitals, buttocks, or breasts are exposed or covered only with underwear
  • using a lavatory
  • participating in a sexual act not usually done in public
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12
Q

Facilitating voyeurism using live equipment

A

s67(2) Sexual Offences Act

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13
Q

A person commits a s67(2) Sexual Offences Act offence if they operate ____ intending to enable B to ___, for ___ ____, C doing a ___ ___, ____ C has not consented.

A

Facilitating voyeurism using live link equipment
A person commits a s67(2) Sexual Offences Act offence if they operate equipment intending to enable B to observe, for sexual gratification, C doing a private act, knowing C has not consented.

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14
Q

s67(3) Sexual Offences Act

A

s67(3) Recording of images relating to voyeurism

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15
Q

Installing equipment and adapting structures for voyeurism

A

s67(4)

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16
Q

Possession of extreme pornographic images

A

s63(1) Criminal Justice and Immigration Act 2008

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17
Q

s63(1) Criminal Justice and Immigration Act 2008

A

Possession of extreme pornographic images

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18
Q

It is an offence to be in ____ of an ___ _____ image. This includes ____ ____ and ___ ____ that can be converted into an image.

A

It is an offence to be in possession of an extreme pornographic image. This includes moving images and electronic data that can be converted into an image.
s63(1) Criminal Justice and Immigration Act 2008

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19
Q

An image is regarded as extreme when it shows activities which:

  • ____ a person’s ____
  • depicts ____ or ____ sexual ____
  • result in ____ ____ to ____, breasts, ___
  • involve ____
  • involve ____ with real person/animal
A

An image is regarded as extreme when it shows activities which:

  • threaten a person’s life
  • depicts rape or non-consensual sexual penetration
  • result in serious injury to anus, breasts, genitals
  • involve necrophilia
  • involve bestiality with real person/animal
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20
Q

Defences for s63(1) offence

A

Possession of extreme pornographic images

  • had a legitimate reason to possess it
  • hadn’t seen it and didn’t know it was an xx image
  • received without requesting
  • did not keep it for unreasonable time
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21
Q

DELMER and ROLFE (both female) kidnap ISON and assault him. DELMER pushes her breasts into ISON’s mouth whilst ROLFE inserts her tongue into ISON’s anus.

Who, if anyone, commits an offence of assault by penetration (contrary to s. 2 of the Sexual offences Act 2003)?

A

B. Only ROLFE.

An offence of assault s2 by penetration is committed when a person intentionally penetrates the vagina or anus (so answers A and C are incorrect) of another person with a part of his/her body or anything else and the penetration is sexual and B does not consent to the penetration and A does not reasonably believe that B consents.

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22
Q

Prostitute is a person who on at least ___ occasion and whether or not ___ to do so, ____ or ____ sexual services to another person in return for ___ or a ____ of ____ to them or a ____ ____.

A

Prostitute is a person who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to them or a third party.

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23
Q

HASTINGS is at a house party and is drunk. He approaches DODD and asks her to have sexual intercourse with him; she refuses. HASTINGS takes out £200 from his wallet and says to DODD ‘I’ll pay you for it love’ - DODD tells HASTINGS to ‘drop dead’ and walks away. HASTINGS is frustrated so leaves the party and walks to a nearby street known for prostitution activities. He walks up to GIBSON (who is a prostitute) and says ‘How about it love - is £50 good enough?’

Does HASTINGS commit an offence of soliciting (contrary to s. 51A of the Sexual offences Act 2003)?

A

It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute. At the house party the offence cannot be committed (it is in private) so answer A is incorrect. The offence is known as ‘kerb-crawling’ when carried out from a vehicle but it does not have to be carried out from a vehicle - the offence can be carried out on foot (answer B is incorrect). Answer D is incorrect as there is no need for two approaches to be made - the offence is committed on the initial approach to the person.

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24
Q

s1(1) Street Offences Act 1959

A

It is an offence to persistently loiter or solicit in a street or public place for the purpose of prostitution.

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25
Q

It is an offence to ___ loiter or ___ in a street or ___ ____ for the purpose of ____. (s1(1) Street Offences Act)

A

It is an offence to persistently loiter or solicit in a street or public place for the purpose of prostitution.
(s1(1) Street Offences Act)

26
Q

s51(A) Sexual Offences Act

A

It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute.

27
Q

It is an offence for a person in a street or ___ ____ to ____ another (B) for the purpose of _____ B’s ____ services as a _____. (s__)

A

It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute.
s51(A) Sexual Offences Act

28
Q

s52 Sexual Offences Act

A

It is an offence to intentionally cause or incite another to become a prostitute in any part of the world, and do so for/expecting gain for them/a third party.

29
Q

It is an offence to ____ ___ or _____ another to become a _____ in any part of the ____, and do so for/expecting ____ for them/a third party.

A

It is an offence to intentionally cause or incite another to become a prostitute in any part of the world, and do so for/expecting gain for them/a third party.
s52 Sexual Offences Act

30
Q

s53 Sexual Offences Act

A

It is an offence for a sex for rent arrangement proposed by the tenant.

31
Q

ELUGBADEBO (aged 18yrs) and ESIGHASIM (aged 17yrs) have recently had a baby together and are living together in an enduring family relationship. ESIGHASIM is in bed with the baby and is half-naked (her breasts are exposed) when ELUGBADEBO takes a picture of her on his phone.

In relation to the offence of producing/distributing indecent photographs of children (contrary to s. 1 of the Protection of Children Act 1978), which of the following comments is correct?

A

The photograph does not need to show the genitals of a child in order to be indecent (answer A is incorrect). The age of the offender is irrelevant (answer C is incorrect) and the offender does not have to commit the offence for the purposes of sexual gratification (answer D is incorrect). Some photographs of children may appear indecent but are not indecent in terms of the legislation (s 1 of the Protection of Children Act 1978). Exception 1A is that the photograph was of a person aged 16 or over, and that at the time of the alleged offence, the person and the suspect were married or lived together as partners in an enduring family relationship (correct answer B).

32
Q

Evidential Presumptions

A

s75 Sexual Offences Act

  • use of or fear of immediate violence against anyone
  • unlawful detention
  • unconsciousness
  • inability to communicate bc disability
  • non-consensual administration of stupefying substance
33
Q

s76 Sexual Offences Act 2003

Conclusive presumptions regarding consent for sexual activity

A

s76 Sexual Offences Act 2003

  • deceived complainant about purpose of act
  • impersonated someone known personally to the victim
34
Q

Rape

A

s1 Sexual Offences Act
A commits rape if he intentionally penetrates the mouth, anus, or vagina of B with his penis, B doesn’t consent, and A doesn’t reasonably believe B consents.

35
Q

A commits rape if he ____ penetrates the ____, ____, or _____ of B with his ____, B doesn’t ____, and A doesn’t _____ ____ B consents.

A

s1 Sexual Offences Act
A commits rape if he intentionally penetrates the mouth, anus, or vagina of B with his penis, B doesn’t consent, and A doesn’t reasonably believe B consents.

36
Q

Details about penetration:

  • ____ ____ of ____ is still penetration
  • penetration is a _____ _____ from entry to _____
  • _____ _____ genitals are _____
A

Details about penetration:

  • slightest degree of penetration is still penetration
  • penetration is a continuing act from entry to withdrawal
  • surgically constructed genitals are included
37
Q

Assault by penetration

A

s2 Sexual Offences act

38
Q

s2 Sexual Offences act

A

Assault by penetration

39
Q

It is an offence if A ____ ____ with a part of their ____ or ____, B’s ___ or ____ without B’s consent. A must be ____ ____ and without ____ ____ that B ____.

A

It’s an offence if A intentionally penetrates with a part of their body or anything, B’s vagina or anus without B’s consent. A must be sexually motivated and without reasonable belief that B consents.

40
Q

Sexual assault

A

s3 Sexual Offences Act 2003

41
Q

s3 Sexual Offences Act 2003

A

Sexual Assault
A commits an offence if they intentionally touch B, the touching is sexual, B does not consent, and A doesn’t reasonably believe B consents.

42
Q

Sexual Assault

A commits an offence if they ____ ____ B, the touching is ____, B does not ____, and A doesn’t ____ ____ B ____.

A

Sexual Assault s3
A commits an offence if they intentionally touch B, the touching is sexual, B does not consent, and A doesn’t reasonably believe B consents.

43
Q

Sexual assault s3 OPA requires ___ ____ of a person, with ____, even through ____, without consent.

A

Sexual assault s3 OPA requires actual touching of a person, with anything, even through clothing, without consent.

44
Q

FITZHARRIS approaches TINNION who is standing alone at a bus stop in the early hours of the morning. FITZHARRIS tells TINNION to stand still, be quiet and let him touch her or he will stab her. TINNION is extremely frightened and does not do anything as FITZHARRIS takes a rolled up newspaper and uses it to touch her breasts through her clothes.

Would this amount to an offence of sexual touching (contrary to s. 3 of the Sexual Offences Act 2003)?

A

B. Yes, and the evidential presumptions under s. 75 of the Act would be relevant in the circumstances.

A person (A) commits an offence if he/she intentionally touches another person (B) and the touching is sexual and B does not consent to the touching and A does not reasonably believe that B consents. ‘Touching’ includes (but is not limited to) touching with any part of the body, with anything else, or through anything else (using a newspaper to touch a person’s breasts). The presumptions under s. 75 would be applicable to this offence (so answer D is incorrect) and would be relevant (the threat of immediate violence).

45
Q

Causing another to engage in sexual activity without consent

A

s4(1) Sexual Offences Act 2003
It is an offence to intentionally cause another person to engage in sexual activity if they do not consent and the perpetrator doesn’t reasonably believe consent is given.

46
Q

s4(1) Sexual Offences Act 2003
It is an offence to ____ cause another person to engage in _____ ____ if they do not ____ and the perpetrator doesn’t ____ ____ ____ is given. (s__)

A

s4(1) Sexual Offences Act 2003
It is an offence to intentionally cause another person to engage in sexual activity if they do not consent and the perpetrator doesn’t reasonably believe consent is given.

47
Q

s4(1) Sexual Offences Act

A

Causing another to engage in sexual activity without consent

48
Q

Sexual Activity with penetration examples

A
  • Penetration of B’s anus or vagina with anything
  • penile penetration of B’s mouth with anyone’s penis
  • penetration of anyone’s anus/vagina by B, using any part of B’s body or any item
  • penetration of anyone’s mouth with B’s penis
49
Q

s69 Sexual Offences Act

A

Sexual intercourse with an animal - penile penetration either way

50
Q

s70 Sexual Offences Act

A

Penetration of a human corpse anywhere with anything

51
Q

BUCKINGHAM meets GODING in a bar. BUCKINGHAM is attracted to GODING but she is not interested in him so he starts telling lies about his wealth. He tells GODING that he owns several companies, has a collection of sports cars and is a multi-millionaire. He then tells GODING that he will marry her if she has sexual intercourse with him. GODING believes BUCKINGHAM and thinking that she can gain financial advantage from his wealth by marrying him she has sexual intercourse with him. After the sexual intercourse BUCKINGHAM tells GODING he was lying about his wealth and his promise to marry her. GODING makes a complaint of rape to the police.

Would BUCKINGHAM be guilty of an offence of rape (contrary to s. 1 of the Sexual offences Act 2003)?

A

Rape is committed when a person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis and B does not consent to the penetration and A does not reasonably believe B consents. A central element to the offence is the absence of consent (s. 74 of the Act) which states that a person consents if he or she agrees by choice and has the freedom and capacity to make that choice. In this situation ‘true’ consent has been given so the offence has not been committed. Section 75 of the Act enables a court will presume that the victim did not consent if evidence presented in court proves that the circumstances involved any of the following: use of or fear of immediate violence against that or another person; unlawful detention; unconsciousness; inability to communicate due to physical disability; and/or substances that are capable of stupefying or overpowering (such as drugs) that were non-consensually administered. It also has to be proved that the defendant knew of these circumstances and that the defendant carried out the act in question. Purely because violence was not used or threatened would not mean that a person consented to the relevant activity (answer B is incorrect). BUCKINGHAM may have lied about his wealth and the promise to marry but those lies were not about the nature or purpose of the relevant act, so answers A and C are incorrect.

52
Q

s5 SOA

A

Rape of a child under 13

53
Q

Defences of a s5 offence

A

None

Only proof that the victim was under the age of 13

54
Q

s6 SOA

A

Sexual assault by penetration of a child under the age of 13 years

55
Q

Details of s6 SOA

A
  • any part of body or a separate object

- child does not need to be aware

56
Q

s7 SOA

A

Sexual assault without penetration of a child under the age of 13
Intentionally touching a child under 13 in a sexual manner.

57
Q

s9 SOA

A

Offence for a person to intentionally touch a child in a sexual manner.
s9(1) - no penetration
s9(2) - penetration

58
Q

Defence for s9 SOA

A

If accused reasonably believed the victim was aged 16 or over

59
Q

s8 and s10 SOA

A

s8 - Causing or inciting a child under 13 to engage in sexual activity
s10 - Causing or inciting a child under 16 to engage in sexual activity

60
Q

s11 and s12 SOA

A

s11 - offender commits sexual acts watched by child, knowing or believing they are aware, and gaining sexual gratification
s12 - offender shows child sexual acts by others, knowing or believing child is aware and gaining sexual gratification

61
Q

s15A SOA

A

It is an offence for a person of 18 years of age to communicate with a person under 16 if the communication is for the purpose of sexual gratification for the sender, with a sexual communication, or intending to encourage recipient to make sexual communications

62
Q

s15 SOA

A

Offence to meet or travel to meet a child anywhere in the world following sexual grooming on one or more occasions.

NIE (13 decks)

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