Sexual offences Flashcards
(22 cards)
what is section 2 of the SOA 2003
assault by penetration
what is section A of assault by penetration
he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else
what is section B of assault of penetration
the penetration is sexual
what is section C of assault by penetration
B does not consent to the penetration
what is section D of assault by penetration
A does not reasonably believe that B consents
what is under S3 of the SOA
sexual assault
what is section A of sexual assault
he intentionally touches another person
what is section B of sexual assault
the touching is sexual
what is section C of sexual assault
B doesn’t consent to the touching
what is section D of sexual assault
A doesn’t reasonably believe that B consents
what section is touching rules under
s79(8)
what are the three parts of touching
with any part of the body, with anything else, through anything
R v H [2005]
tried to sexually pull V towards him by placing his hand over their house and grabbing their tracksuit and they were found guilty
what section is sexual defined under
s78
what is the definition of sexual
penetration, touching or any other activity is sexual if a reasonable person would consider that:
a) whatever its circumstances or any person’s purpose in relation to it, it is because of its sexual nature
b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it being sexual
what is ruled under s4 of the SOA
sexual activity without consent
what is section 1 of sexual activity without consent
a person commits an offence if: he intentionally causes another person to engage in an activity, the activity is sexual, B doesn’t consent to engaging in the activity, A doesn’t reasonably believe that B consents
what is section 2 of sexual activity without consent
whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents
what is section 3 of sexual activity without consent
sections 75 and 76 apply to this offence
when is a person guilty of sexual activity without consent
penetration of B’s anus or vagina, penetration of B’s mouth with a persons penis, penetration of a persons anus or vagina with a part of B’s body or B with anything else, penetration of a person’s mouth with B’s penis
when is s5 used
it applies if there is:
a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both
b) on conviction or indictment, to imprisonment for a term not exceeding 10 years
what is ‘forced to penetrate’
women cannot commit the crime of rape but can be an accomplice to rape due to S1’s wording
