Sexual offences Flashcards
(21 cards)
1
Q
Doyle
A
- Unwilling submission is not consent
2
Q
Kirk [2008]
A
- Distinction was made between consent and submission
3
Q
Watson [2015]
A
- Reluctant consent can be consent
- Submission cannot
4
Q
Usman
A
- B saying act was consensual is not necessarily determinative. May be due to a misunderstanding of consent or of grooming
5
Q
Ali (Yasir)
A
- Grooming does not necessarily vitiate consent but can undermine B’s capacity to make free decisions and mask true consent
6
Q
Capacity to consent: General rules
A
- Under 16s cannot consent
- B must have the mental capacity to understand the choice - subject specific test
7
Q
Capacity to consent: Case
A
- C (2009)
- B understood the nature of the act, but mental illness undermined capacity to consent
8
Q
Case: Deception as to gender
A
- R v McNally
- Depending on the circumstances, deception as to gender can vitiate consent
- Has there been deliberate deception? -> if not it will not fall within scope of s74
- Did the suspect reasonable believe the complainant consented?
9
Q
Deception about physical sexual activity
A
- Vitiates consent
10
Q
Assange
A
- Removal of condom vitiates consent
11
Q
R (F) v DPP [2013]
A
- Intention to withdraw before ejaculation is deception about the physical nature of the sexual act
12
Q
Lawrance (2020)
A
- Broader circumstances around sex may not vitiate consent
- Broader circumstance of whether A was fertile is different from both parties’ understanding of the actual physical act taking place
13
Q
Intoxication: Case
A
- Bree (2007)
- Consent will be lacking if alcohol has deprived B of the capacity to make a choice
14
Q
s76: Nature and purpose of the act: Case
A
- Williams (1923)
- Singing teacher deceived 16-year-old student into intercourse. Said it was to improve her singing voice
- Deception as to nature of the act and purpose
15
Q
Linekar (1995)
A
- Sex with prostitute with no intention to pay is not deception as to the nature and purpose of the act. Not rape - she wasn’t deceived as to what would happen to her body
16
Q
Dica
A
- Knew he was HIV positive, had sex with two women who contracted HIV (neither would have consented had they known)
- Convicted under OAPA, not rape as there was no deception as to nature of act
17
Q
Deception if believe act is for non-sexual reasons
A
- Green (2002)
- A induced B to masturbate while connected to monitors as part of bogus medical procedure
- Deceived as to purpose of the act
18
Q
Deception as to identity: General rule
A
- Only vitiates consent if impersonating someone known personally to be - not a celebrity or musician
19
Q
Deception as to wealth
A
- McNally
- Does not vitiate consent
20
Q
Are the s76 presumptions rebuttable?
A
No
21
Q
Are the s75 presumptions rebuttable?
A
Yes (Can be overturned with contrary evidence)
