Sexual Offences

Question 1

What does S.76 Sexual Offences Act cover?

Answer 1

• Irrebutable presumptions (consent is presumed to not exist) with regards to consent IF:
• If D intentionally impersonates another person known to V, to have sex with V

OR

• If D intentionally deceives V as to the purpose of the sexual act.

(e.g choir master told girl he was performing a medical procedure but it was a sexual act.) The deception must be to the sexual ACT not peripheral matters.

Question 2

What sections does the S.78 definition of ‘Sexual’ apply to?

Answer 2

S.2 - Assault by penetration
S.3 - Sexual assault
S.4 - Causing sexual activity without consent

Question 3

What are the points to prove for S.2 assault by penetration?

Answer 3

• The penetration must be by the anus or vagina for the offence to be complete with ONLY a penis
• conclusive and evidential

Question 4

How will an act be determined to be sexual?

Answer 4

Whatever the act or the persons motivation, it will be deemed sexual if it is of a sexual nature

Question 5

What does S.76 of the sexual offences act relate to?

Answer 5

S.76 relates to deception as to the sexual act or impersonation of a person known to the victim (e.g twins)

Question 6

What legislation governs child rape?

Answer 6

S.5 children under 13

Question 7

What does S.6 cover?

Answer 7

Assault by penetration of a CHILD

Question 8

What does S.7 cover?

Answer 8

Sexual Assault of a child

Question 9

What does S.8 cover?

Answer 9

Causing or inciting a child to engage in sexual activity