Sexual Offences

Question 1

what is consent

Answer 1

V agrees by choice and has freedom(no coercion or deception) and capacity(mental ability to understand) to make that choice

Question 2

R v Watson (2015)

Answer 2

D fathered child given up for adoption at 17 (v), 1st made contact aged 52 and began sexual r/ including bondage- V stated on 3 instances- were rape as sex wasn’t consensual - D convicted of 2 counts of rape and 2 of assault by penetration

Question 3

R v Jheeta (2007)

Answer 3

D and V in sexual r/s- after V broke off r/s D pretended to be police officer in messages demanding v have sex with with him threatening a fine if she didn’t- guilty of rape

Question 4

R v Bree (2007)

Answer 4

V engaged in sexual intercourse while intoxicated- she was lucid enough to consent- D convicted of rape - appeal conviction was quashed

Question 5

what do the 5 evidential presumptions include

Answer 5

• use of threat of violence
• V unlawfully detained
• v asleep/ unconscious
• v has physical disability preventing communication
• drugs administered to stupefy V
  (rebuttable)

Question 6

R v Cicarelli (2011)

Answer 6

D and gf brought friend (V) back to apartment after a party- D sexually assaulted V while she was asleep- convicted of rape

Question 7

what do the 2 conclusive presumptions include

Answer 7

• deception as to nature or purpose
• deception as to identity (requires intentional deception)
  (irrebutable)

Question 8

R v Williams (1923)

Answer 8

D gave V singing lessons and had sex with her under pretence it would improve her breathing- held D was guilty of rape

Question 9

R v Devonald (2008)

Answer 9

D thought daughter ex had mistreated her and pretended to be 20 yr old girl on web persuading him to masturbate on camera so D could release footage
Charged with causing person to engage in sexual activity without consent

Question 10

R v Elbekkay (1995)

Answer 10

D out for evening with V and her Bf - returned to V flat V went to bed and they continued drinking - D hopped into bed with her and she engaged in sexual intercourse thinking it was her bf
held guilty of rape

Question 11

what is rape under SOA 2003

Answer 11

AR- penetration of vagina anus mouth with d’s penis and V does not consent
MR- Intent to penetrate, lack of reasonable belief in consent

Question 12

what is assault by penetration under SOA 2003

Answer 12

AR- penetration of vagina or anus using body part or object penetration must be sexual and v does not consent
MR- Intent to penetrate, lack of reasonable belief in consent

Question 13

R v Hill (2006)

Answer 13

D and V lived together- D pulls V trousers down mid argument and fingers her - admitted guilt
charged with assault by penetration

Question 14

what is sexual assault under SOA 2003

Answer 14

AR- D touches V in a sexual way and V does not consent
MR- intent to touch, lack of reasonable belief in consent

Question 15

R v H (2005)

Answer 15

D propositions V sexually and tries to pull her toward him and place hand over her mouth by grabbing pocket of her tracksuit - Convicted of sexual assault

Question 16

r v court (1989)

Answer 16

pulled 12 year old girl over knee and smacked her - said he had fetish
charged with indecent assault

Question 17

what are the steps to ascertain consent

Answer 17

• D’s efforts to confirm consent are relevant
• excludes intoxicated beliefs (reasonable sober person) (MR shifts to reasonableness)