Sexual offences 2

Question 1

Hill

Answer 1

• Inserted fingers into partner’s vagina during argument
• “Sexual” is interpreted quite broadly, OAPA equivalent wouldn’t reflect seriousness

Question 2

R v H [2005]

Answer 2

• Touching of clothing might be sexual
• Grabbed tracksuit bottoms of woman saying “fancy a shag?”
• Context made it sexual, in a football game it might not be

Question 3

Court - Steps to

Question 4

Court (1989)

Answer 4

• Shop assistant with “buttock fetish” pulled 12-year-old girl across his knee and spanked her clothed bottom
• Because of its nature/purpose sexual

Question 5

George (1956) + steps to determine

Answer 5

• 78(a) - is it sexual by nature?
• 78(b) - because of its nature it may be sexual?
• Sexual because of A’s purpose

Question 6

Court (1989) - Precedent on secret fetish

Answer 6

• Where the nature of the act cannot be sexual, it is not made sexual by the person having a secret fetish

Question 7

Who can commit rape? + Case

Answer 7

• Only men (or women who have had constructive surgery)
• Ram - A woman may be convicted as a secondary party

Question 8

Actus reus of rape

Answer 8

• Penetrates the vagina, anus or mouth of another person
• Only penile penetration
• Includes surgically constructed parts of the body, but not prosthesis

Question 9

Zafar

Answer 9

• Distinction made between reluctant but free exercise of choice, especially in a long-term loving relationship, and unwilling submission due to fear or worse consequences

Question 10

Zafar: Is there a requirement for B to communicate lack of consent to A?

Answer 10

• No, it is always up to A to determine if there is consent or not

Question 11

Mens rea for rape

Answer 11

• Rape is a crime of basic intent, drunkenness is not a defence
• Penetration must be intentional

Question 12

Mens rea for rape: B’s non consent

Answer 12

• A intends B to lack consent
• A knows B lacks consent
• Is reckless as to whether B is consenting
• Does not consider whether B is consenting
• Honestly but unreasonably believes that B consents (LOOK at s(1)(2)

Question 13

Who decides whether the belief D held is a reasonable one?

Answer 13

• The jury, it is not a question of whether D thought it was reasonable

Question 14

Jacobs (Robin Edwards)

Answer 14

• Having a disorder such as autism may be relevant to the issue of whether a belief in consent was reasonable, but expert evidence may be required

Question 15

What is the difference between assault by penetration and rape?

Answer 15

• Must be penetration of anus or vagina but not mouth
• Can be with any part of the body of any object
• Must be sexual

Question 16

Can sexual offence be by omission?

Answer 16

• Speck (1977) - pre-SOA
• Failure to remove child’s hand from A’s genitals

Question 17

R v G [2008]

Answer 17

• A (15) had sex with B (12).
• B ‘consented’. A said be had told him she was over 13 so had reasonable belief
• Issues of consent and A’s belief in B’s age are irrelevant