Sexual Offences Flashcards

(30 cards)

1
Q

What legislation is behind Rape?

A

Section 1 Sexual Offences Act 2003

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2
Q

What type of offence is Rape?

A

Indictable

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3
Q

What is the maximum sentence for Rape?

A

Life imprisonment

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4
Q

Define consent

A

A person consents if they agree by choice and have the freedom and capacity to make that choice

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5
Q

What is the legislation behind Assault By Penetration?

A

Section 2 Sexual Offences Act 2003

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6
Q

What type of offence is Assault by Penetration?

A

Indictable

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7
Q

What is the maximum sentence for Assault by Penetration?

A

Life imprisonment

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8
Q

What is the legislation behind Sexual Assault?

A

Section 3 Sexual Offences Act 2003

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9
Q

What type of offence is Sexual Assault?

A

Either way

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10
Q

What is the maximum sentence for Sexual Assault?

A

10 years

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11
Q

What is the legislation behind Causing a Person to Engage in Sexual Activity Without Consent?

A

Section 4 Sexual Offences Act 2003

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12
Q

What type of offence is Causing a Person to Engage in Sexual Activity Without Consent?

A

Indictable if penetration involved

Either way if not

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13
Q

What is the maximum sentence for Causing a Person to Engage in Sexual Activity Without Consent?

A

Life if penetration involved

10 years if not

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14
Q

What legislation is behind Sexual Activity With a Child?

A

Section 9 Sexual Offences Act 2003

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15
Q

How old must the suspect be in order to commit the offence of Sexual Activity With a Child? And how old must the child be?

A

Suspect - over 18

Child - under 16 and suspect does not believe that child is over 16 or, 13.

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16
Q

If a victim of Sexual Activity With a child is under 13, what can the suspect not claim?

A

That they believed the child to be 16 or over.

17
Q

What legislation is behind Meeting a Child Following Sexual Grooming?

A

Section 15 Sexual Offences Act 2003

18
Q

What type of offence is Meeting a Child Following Sexual Grooming?

19
Q

What is the maximum sentence for Meeting a Child Following Sexual Grooming?

20
Q

How many instances of communication must there be for the offence of Meeting a Child Following Sexual Grooming?

A

At least 2 - do not need to be of a sexual nature

21
Q

What is the legislation behind Sexual Communication With a Child?

A

Section 15A Sexual Offences Act 2003

22
Q

What type of offence is Sexual Communication With a Child?

23
Q

What is the maximum sentence for Sexual Communication With a Child?

A

2 years imprisonment

24
Q

What is the key phrase in Sexual Communication With a Child?

A

“For the purpose of obtaining sexual gratification”

25
What are 3 relevant offences under Sexual Offences Act 2003 (prostitution)?
Soliciting Causing or Incite Controlling
26
What is the legislation behind Exposure?
Section 66 Sexual Offences Act 2003
27
What is necessary for the offence of Exposure?
That the suspect intended for someone to see and be caused alarm or distress
28
What is the legislation behind Voyeurism?
Section 67 Sexual Offences Act 2003
29
What does Section 75 - Evidential Presumption say?
If the defendant did any of the following and knows this is the case, the complainant will be deemed to have not consented: ``` Force (used) Fear (used) Forcibly detained the person Flat out (victim unconscious) F(physically) disabled / victim unable to communicate F(ing) drugs (drinks spiked) ```
30
What does Section 76 - Fraud to the Act Under Conclusive Presumption say?
If the defendant pretends to be someone else | If the defendant promises a gain to the victim (e.g. a promotion for sex) but does not deliver this.