Sexual Offenses Flashcards
(34 cards)
Define sexual intercourse
Any degree of penile penetration intended to be within the vagina
- from tip of penis between labia majora to full vaginal penetration
With or without emission of seminal fluid
Lawful if with consent
Define rape
If a person (A) with A’s penis
- without another person (B) consenting
- without any reasonable belief that B consented
- penetrates to any extent the vagina, anus or mouth of B
Define assualt by penetration
If a person (A) with any part of A’s body or anything else
- A without another person (B) consenting
- without any reasonable belief that B consents
- penetrates sexually to any extent the vagina or anus of B
Define sexual assualt
If person (A) - without another persons (B) consent does any of the following - penetrates sexually the vagina, anus or mouth - touches sexually - engages in any other form of sexual activity - ejaculates semen - emits urine or saliva
Define sexual coercion
If person (A)
- without B consenting to sexual activity
- intentionally causes B to participate in that activity
Define administering a substance for sexual purposes
Intentionally administers substance to other
- for the purpose of stupefying or overpowering B to engage in sexual activity
Sexual intercourse may be unlawful due to
Lack of consent
Under age
Insufficient mental capacity
Features of consent
Rape requires absence of honest belief that women consented Consent can be withdrawn at any time Marital rape Valid consent cannot be give by - girl under 16 - those without mental capacity
Circumstances where victim is without free agreement
Victim under
- effect of alcohol
- violence
- threats of violence
- unlawfully detained
- deception
- impersonating person known to B
Consent if invalid if obtained through
Force or violence Threat of force of violence Threat of force towards another person Unlawful detention Asleep or otherwise unconscious Drugging Deception Impersonation
Features of marital rape
Previously sex within marriage was regarded as lawful
Vows implied absolute private to intercourse
Consent deemed removed if separated
Marital rape now occurs if partner says no
Features of capacity to consent
If someone unable to - understand what conduct is - form a decision - communicate such decision Then they are able to consent
Sexual offenses involving children
Offences mirrors those involving adults
Rape, sexual penetration, sexual assault, coercion
Different gravity depending on age
- < 13 grave offense
- 13-16 genuine defence if male under 24 to claim didn’t know real age giving lesser sentence
Features of rape
Genital penetration plus Force - physical or chemical by intoxication Fear - interment or future harm to oneself or those close Fraud - impersonation of partner False consent - age - mental capacity - intoxication
Rape statistics
50% indoors 50% know assailant 50% show no evidence of injury - 20% moderate violence - 30% excessive violence 98% rapists not "mad"
Issues with proving rape
No injuries on rape victim
Injuries can occur during consensual sex
Legal argument is usually over consent
Statistics on reaction to rape
55% submit - safe option to avoid stimulation of violence
27% try to scream
18% fight back
Reasons of failure to report rape
Fear Victim feels ashamed, dirty, guilty Victim knows attacker Fear of court case - have to re-live experience - publicity - cross examination
Role of Forensic Medical Examiner (FME)
Physician Document and interpret injuries Extension of forensic laboratory Provision of report Expert witness
Objective of FME examination
Has assault taken place and when Sexual in nature Evidence of resistance or restraint Did intercourse occur and what type Did ejaculation occur and where Is there any trace evidence
Features of FME examination of victim
Premises, consent, chaperone History - in own words - sequence of events, positions, resistance - penetration and ejaculation - subsequent activities - menstrual hx Examination - general - whole body - bruising - fingertip, thighs, hickeys - scratching - aggressive biting - genital Laboratory samples Aftercare
Examination of sexual assault victim
General exam - injuries - hair - combed and cut - mouth swabs - skin swabs - fingernail scrapings Genital exam - injuries - pubic hair - combed and cut - glaister globe or colposcopy - vaginal swabs - anal swabs
Sequence of swabbbing
First moistened swab rolled over skin
- rehydrates and loosens foreign cells
Second dry swab rolled over same area
- picks of foreign cells/DNA
Laboratory samples vicitm
Clothing Head hair Swabs from mouth, saliva < 2days Fingernail scrapings/clippings/swabs Skin swabs from bites Pubic hair Vaginal swabs < 7 days - vulva - moist and dry - lower 1/3 at 3-5 cm - 2 dry swabs - upper 2/3 after insertion of speculum - 2 dry - endocervical canal - 2 dry Ano-rectal swabs < 3 days - perianal skin - moist and dry - anal canal - 2 dry - rectum after proctoscope - 2 dry Blood
