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ceim > sexual defences > Flashcards

sexual defences Flashcards

1
Q

what is consent

A

consent means agreement by choice and with the freedom and capacity to make that choice.

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2
Q

9 exceptions

A
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3
Q

determination of consent, even if..

A
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4
Q

situations where consent is no defense

A

the defendant’s belief, minor, marriage

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5
Q

SPC: definition of child and provision

A
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6
Q

definition of sexual penetration

A
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7
Q

actus reus and mens rea of sexual penetration of a child

A

An act of sexual penetration; and
The victim of the penetration should be a child.

intention to engage in an act of sexual penetration. Intention as we know cannot be proved directly but indirectly from what the accused said or did at the time of engaging in the unlawful actus reus i.e., the act of sexual penetration.

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8
Q

what is corroboration

A
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9
Q

what must a corroborative evidence contain

A
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10
Q

example of corroborative evidence

A
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11
Q

The SOA’s position in corroborative evidence

A
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12
Q

The State v. Osman Kamara (2020)

A
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13
Q

The State v. Mohamed Bangura (2016)

A
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14
Q

RAPE: what is rape

A
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15
Q

amendment of the punishment related to rape

A
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16
Q

establishing consent

A
17
Q

penetration: consent being continuing

A
18
Q

Absence of Consent:

A
19
Q

intention to penetrate

A
20
Q

No reasonable belief in consent

A
21
Q

six presumptions as to consent

A
22
Q

four conclusive presumptions

A
23
Q

INDECENT ASSAULT (Sec. 7) definition

A
24
Q

definition of touching and sexual manner

A
25
Q

actus reus and mens rea of indecent assault

A
26
Q

what is VOYEURISM (Section 15)

A
27
Q

actus reus and mens rea of VOYEURISM (Section 15)

A
28
Q

INDECENT EXPOSURE (Section.14) definition and penalty

A
29
Q

actus reaus and mens rea of INDECENT EXPOSURE (Section.14)

A
30
Q

Causing, inciting etc. a person with mental disability to engage in sexual activity (Section 8) definition and penalty

A
31
Q

consent relating to Causing, inciting etc. a person with mental disability to engage in sexual activity (Section 8) (presumption)

A
32
Q

actus reus and mens rea of Causing, inciting etc. a person with mental disability to engage in sexual activity (Section 8)

A

ceim (5 decks)

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